1st Unofficial Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/21/2023 08:03am
A bill for an act
relating to the operation of state government; appropriating money for the
legislature, the governor's office, state auditor, attorney general, secretary of state,
and certain agencies, boards, councils, and retirement funds; setting salaries for
constitutional officers; changing provisions in state government operations;
changing provisions for information technology; creating offices, councils,
commissions, and task forces; modifying grants management oversight; establishing
a pilot program for construction materials to meet certain standards for global
warming potential; implementing recommendations of Advisory Task Force on
State Employment and Retention of Employees with Disabilities; modifying
licensing requirements under the Board of Cosmetologist Examiners; modifying
processes and responsible parties for assessing cemeteries; establishing a grant
program; requiring financial review of recipients of grants and business subsidies;
modifying fiscal note requirements; modifying provisions related to lobbying;
modifying election administration provisions; amending requirements related to
soliciting near the polling place; prohibiting election judge intimidation; authorizing
rulemaking; authorizing studies; requiring reports; amending Minnesota Statutes
2022, sections 3.07; 3.09; 3.98, subdivision 2; 4.045; 5.30, subdivision 2; 6.91,
subdivision 4; 8.31, subdivision 1; 10A.01, subdivision 21, by adding a subdivision;
10A.04, subdivisions 4, 6; 10A.05; 10A.06; 10A.071, subdivision 1; 10A.31,
subdivision 4; 16A.011, by adding a subdivision; 16A.055, by adding a subdivision;
16A.103, subdivisions 1, 1b, as amended, by adding a subdivision; 16A.126,
subdivision 1; 16A.1286, subdivision 2; 16A.152, subdivision 2; 16A.97; 16B.4805,
subdivision 1; 16B.97, subdivisions 2, 3, 4; 16B.98, subdivisions 5, 6, 8, by adding
a subdivision; 16B.991; 16E.01, subdivisions 1a, 3, by adding a subdivision;
16E.016; 16E.03, subdivision 2; 16E.14, subdivision 4; 16E.21, subdivisions 1,
2; 43A.01, subdivision 2; 43A.02, by adding subdivisions; 43A.04, subdivisions
1a, 4, 7; 43A.08, subdivision 1; 43A.09; 43A.10, subdivisions 2a, 7; 43A.14;
43A.15, subdivision 14, by adding a subdivision; 43A.18, subdivision 6; 43A.19,
subdivision 1; 43A.191; 43A.21, subdivisions 1, 2, 3, by adding a subdivision;
43A.36, subdivision 1; 43A.421; 145.951; 155A.23, subdivisions 8, 18, by adding
a subdivision; 155A.27, subdivisions 1, 5a, 10; 155A.271, subdivision 1; 155A.29,
subdivision 1; 179A.01; 179A.03, subdivision 15; 201.022, subdivision 1; 201.071,
subdivision 1, as amended; 201.091, subdivision 4a; 201.145, subdivisions 3, 4;
203B.001; 203B.01, by adding a subdivision; 203B.03, subdivision 1; 203B.05,
subdivision 1; 203B.081, subdivisions 1, 3, by adding subdivisions; 203B.085;
203B.12, subdivision 7, by adding a subdivision; 203B.121, subdivisions 1, 2, 3,
4; 204B.09, subdivision 3; 204B.26; 204B.28, subdivision 2; 204B.45, subdivisions
1, 2; 204B.46; 204B.49; 204C.10, as amended; 206.845, subdivision 1; 211A.02,
subdivision 1; 211B.11, subdivision 1; 211B.32, subdivision 1; 307.08; 381.12,
subdivision 2; Laws 2023, chapter 5, sections 1; 2; proposing coding for new law
in Minnesota Statutes, chapters 15; 15B; 16A; 16B; 16E; 43A; 155A; 203B; 211B;
381; repealing Minnesota Statutes 2022, sections 4A.01; 4A.04; 4A.06; 4A.07;
4A.11; 16A.98; 16E.0466, subdivision 2; 124D.23, subdivision 9; 124D.957;
203B.081, subdivision 2; Laws 2014, chapter 287, section 25, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text beginSTATE GOVERNMENT APPROPRIATIONS.
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new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
new text begin
APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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new text begin
2024 new text end |
new text begin
2025 new text end |
Sec. 2. new text beginLEGISLATURE
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new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
151,676,000 new text end |
new text begin
$ new text end |
new text begin
122,984,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions. The base for this appropriation
is $122,893,000 in fiscal year 2026 and each
fiscal year thereafter.
new text end
new text begin Subd. 2. new text end
new text begin
Senate
|
new text begin
41,045,000 new text end |
new text begin
43,845,000 new text end |
new text begin Subd. 3. new text end
new text begin
House of Representatives
|
new text begin
48,046,000 new text end |
new text begin
48,558,000 new text end |
new text begin Subd. 4. new text end
new text begin
Legislative Coordinating Commission
|
new text begin
62,585,000 new text end |
new text begin
30,581,000 new text end |
new text begin
The base is $30,490,000 in fiscal year 2026
and each fiscal year thereafter.
new text end
new text begin
$15,000 each year is for purposes of the
legislators' forum, through which Minnesota
legislators meet with counterparts from South
Dakota, North Dakota, and Manitoba to
discuss issues of mutual concern.
new text end
new text begin
$200,000 each year is for the Office on the
Economic Status of Women.
new text end
new text begin
$141,000 the first year and $91,000 the second
year are to support the Legislative Task Force
on Aging established in article 3, section 44.
This is a onetime appropriation.
new text end
new text begin
$500,000 the first year is for costs related to
establishing and administering a collective
bargaining process for legislative employees.
new text end
new text begin
new text begin Legislative Auditor.new text end $10,459,000 the first
year and $11,526,000 the second year are for
the Office of the Legislative Auditor.
new text end
new text begin
new text begin Revisor of Statutes.new text end $22,250,000 the first year
and $8,714,000 the second year are for the
Office of the Revisor of Statutes. $14,000,000
the first year is to replace the drafting, rules,
and law publication system.
new text end
new text begin
new text begin Legislative Reference Library.new text end $2,055,000
the first year and $2,184,000 the second year
are for the Legislative Reference Library.
new text end
new text begin
new text begin Legislative Budget Office.new text end $2,454,000 the
first year and $2,669,000 the second year are
for the Legislative Budget Office.
new text end
Sec. 3. new text beginGOVERNOR AND LIEUTENANT
|
new text begin
$ new text end |
new text begin
9,258,000 new text end |
new text begin
$ new text end |
new text begin
9,216,000 new text end |
new text begin
(a) This appropriation is to fund the Office of
the Governor and Lieutenant Governor.
new text end
new text begin
(b) $19,000 each year is for necessary
expenses in the normal performance of the
governor's and lieutenant governor's duties for
which no other reimbursement is provided.
new text end
new text begin
(c) By September 1 of each year, the
commissioner of management and budget shall
report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over state government finance any
personnel costs incurred by the Offices of the
Governor and Lieutenant Governor that were
supported by appropriations to other agencies
during the previous fiscal year. The Office of
the Governor shall inform the chairs and
ranking minority members of the committees
before initiating any interagency agreements.
new text end
Sec. 4. new text beginSTATE AUDITOR
|
new text begin
$ new text end |
new text begin
14,965,000 new text end |
new text begin
$ new text end |
new text begin
14,254,000 new text end |
new text begin
The base for this appropriation is $14,268,000
in fiscal year 2026 and $14,278,000 in fiscal
year 2027.
new text end
Sec. 5. new text beginATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
53,796,000 new text end |
new text begin
$ new text end |
new text begin
43,825,000 new text end |
new text begin
Appropriations by Fund new text end |
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new text begin
2024 new text end |
new text begin
2025 new text end |
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new text begin
General new text end |
new text begin
50,880,000 new text end |
new text begin
40,909,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
2,521,000 new text end |
new text begin
2,521,000 new text end |
new text begin
Environmental new text end |
new text begin
145,000 new text end |
new text begin
145,000 new text end |
new text begin
Remediation new text end |
new text begin
250,000 new text end |
new text begin
250,000 new text end |
Sec. 6. new text beginSECRETARY OF STATE
|
new text begin
$ new text end |
new text begin
11,267,000 new text end |
new text begin
$ new text end |
new text begin
10,379,000 new text end |
new text begin
The base for this appropriation is $10,247,000
in fiscal year 2026 and $10,379,000 in fiscal
year 2027.
new text end
Sec. 7. new text beginSTATE BOARD OF INVESTMENT
|
new text begin
$ new text end |
new text begin
139,000 new text end |
new text begin
$ new text end |
new text begin
139,000 new text end |
Sec. 8. new text beginADMINISTRATIVE HEARINGS
|
new text begin
$ new text end |
new text begin
12,278,000 new text end |
new text begin
$ new text end |
new text begin
10,260,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2024 new text end |
new text begin
2025 new text end |
|
new text begin
General new text end |
new text begin
2,510,000 new text end |
new text begin
444,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
9,768,000 new text end |
new text begin
9,816,000 new text end |
new text begin
$263,000 each year is for municipal boundary
adjustments.
new text end
Sec. 9. new text beginINFORMATION TECHNOLOGY
|
new text begin
$ new text end |
new text begin
73,515,000 new text end |
new text begin
$ new text end |
new text begin
82,640,000 new text end |
new text begin
The base for this appropriation is $11,303,000
in fiscal year 2026 and $11,322,000 in fiscal
year 2027.
new text end
new text begin
(a) Cybersecurity Grant Program.
$2,204,000 the first year and $3,521,000 the
second year are for a state and local
cybersecurity improvement grant program for
political subdivisions and Minnesota Tribal
governments, as established in Minnesota
Statutes, section 16E.35. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(b) Statewide Cybersecurity Enhancements.
$10,280,000 the first year and $16,875,000
the second year are to procure, implement,
and support advanced cybersecurity tools that
combat persistent and evolving cybersecurity
threats. This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(c) Executive Branch Cloud
Transformation. $10,685,000 the first year
and $22,910,000 the second year are to
support planning, migration, modernization,
infrastructure, training, and services required
for executive branch cloud transformation to
modernize enterprise information technology
delivery for state agency business partners.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(d) Targeted Application Modernization.
$20,000,000 each year is to modernize
targeted applications to improve user
experiences with digital services provided by
state agencies, enable service delivery
transformation, and systematically address
aging technology. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(e) Children's Cabinet IT Innovation.
$2,000,000 each year is to provide technology
capabilities that support centering Minnesota
children and their families over agency
structures and provides dedicated information
technology resources to deliver innovative
digital services to children and families. This
is a onetime appropriation and is available
until June 30, 2027.
new text end
new text begin
(f) MnGeo; Expanding Data-Driven
Decision Making with GIS Data. $358,000
the first year and $376,000 the second year
are to enhance the state's ability to lead
collaborative geographic data collection and
to produce additional publicly available data.
The base for this appropriation is $395,000 in
fiscal year 2026 and $414,000 in fiscal year
2027.
new text end
new text begin
(g) Supporting Accessible Technology in
State Government. $300,000 each year is to
support accessible government in Minnesota.
new text end
new text begin
(h) Digital Media Services. $1,000,000 in
fiscal year 2024 and $1,500,000 in fiscal year
2025 are for the creation, staffing, and
operation of a digital media services office for
the executive branch. The base for this
appropriation is $450,000 in fiscal year 2026
and each fiscal year thereafter.
new text end
new text begin
(i) Public Land Survey System. $16,000,000
the first year and $4,000,000 the second year
are for the grant program authorized by
Minnesota Statutes, section 381.125. Up to
four percent of this appropriation may be used
by the chief geospatial information officer for
the administration of the grant program. This
is a onetime appropriation and is available
until June 30, 2027.
new text end
new text begin
$1,000,000 each year is for grants to counties
to employ county technical staff to aid
surveyors marking public land survey corners.
This is a onetime appropriation.
new text end
new text begin
(j) During the biennium ending June 30, 2025,
the Office of MN.IT Services must not charge
fees to a public noncommercial educational
television broadcast station eligible for funding
under Minnesota Statutes, chapter 129D, for
access to the state broadcast infrastructure. If
the access fees not charged to public
noncommercial educational television
broadcast stations total more than $400,000
for the biennium, the office may charge for
access fees in excess of these amounts.
new text end
Sec. 10. new text beginADMINISTRATION
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
71,995,000 new text end |
new text begin
$ new text end |
new text begin
46,243,000 new text end |
new text begin
The base for this appropriation is $36,153,000
in fiscal year 2026 and $36,165,000 in fiscal
year 2027.
new text end
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Government and Citizen Services
|
new text begin
38,325,000 new text end |
new text begin
20,555,000 new text end |
new text begin
The base for this appropriation is $18,965,000
in fiscal year 2026 and $18,977,000 in fiscal
year 2027.
new text end
new text begin
Council on Developmental Disabilities.
$222,000 each year is for the Council on
Developmental Disabilities.
new text end
new text begin
State Agency Accommodation
Reimbursement. $200,000 each year may be
transferred to the accommodation account
established in Minnesota Statutes, section
16B.4805.
new text end
new text begin
Procurement Technical Assistance Center.
$350,000 each year is for the Procurement
Technical Assistance Center.
new text end
new text begin
Office of the State Archaeologist. $806,000
the first year and $822,000 the second year
are for the Office of the State Archaeologist.
The base for this appropriation is $773,000 in
fiscal year 2026. The base for this
appropriation in fiscal year 2027 and each year
thereafter is $785,000.
new text end
new text begin
Of these amounts, $236,000 the first year and
$242,000 the second year are for the
Archaeological and Cemetery Site Inventory
Portal. The base in fiscal year 2026 is
$193,000 and $205,000 in fiscal year 2027
and each year thereafter.
new text end
new text begin
Disparity Study. $500,000 the first year and
$1,000,000 the second year are to conduct a
study on disparities in state procurement. This
is a onetime appropriation.
new text end
new text begin
Grants Administration Oversight.
$2,411,000 the first year and $1,782,000 the
second year are for grants administration
oversight. The base for this appropriation in
fiscal year 2026 and each year thereafter is
$1,581,000.
new text end
new text begin
$735,000 the first year and $201,000 the
second year are for a study to develop a road
map on the need for an enterprise grants
management system and to implement the
study's recommendation. This is a onetime
appropriation.
new text end
new text begin
Small Agency Resource Team. $940,000 the
first year and $856,000 the second year are
for the Small Agency Resource Team.
new text end
new text begin
Of these amounts, $102,000 the first year is
to complete the study required under article
3, section 48. This is a onetime appropriation.
new text end
new text begin
State Historic Preservation Office.
$1,274,000 the first year and $1,352,000 the
second year are for the State Historic
Preservation Office. The base for this
appropriation in fiscal year 2026 and each year
thereafter is $1,012,000.
new text end
new text begin
Of these amounts, $485,000 the first year and
$500,000 the second year are for electronic
project systems and critical database
integration and are available through June 30,
2027. The base for this appropriation in fiscal
year 2026 and each year thereafter is
$160,000.
new text end
new text begin
Risk Management Fund Property
Self-Insurance. $12,500,000 the first year is
for transfer to the risk management fund under
Minnesota Statutes, section 16B.85. This is a
onetime appropriation.
new text end
new text begin
Office of Enterprise Translations.
$1,306,000 the first year and $1,159,000 the
second year are to establish the Office of
Enterprise Translations. $250,000 the first year
and $250,000 the second year may be
transferred to the language access service
account established in Minnesota Statutes,
section 16B.373.
new text end
new text begin
State Demographic Center. $1,052,000 the
first year and $1,076,000 the second year are
for the State Demographic Center.
new text end
new text begin
Capitol Campus Design Framework
Implementation. $5,000,000 the first year is
for facilities management to implement the
updated Capitol Campus Design Framework
Plan established in Minnesota Statutes, section
15B.18.
new text end
new text begin
Parking Fund. $1,085,000 each year is for a
transfer to the state parking account to
maintain the operations of the parking and
transit program on the Capitol complex.
new text end
new text begin
Procurement; Environmental Analysis and
Task Force. $522,000 the first year and
$367,000 the second year are to implement
the provisions of Minnesota Statutes, section
16B.312.
new text end
new text begin
Council Support. $225,000 the first year and
$40,000 the second year are to develop and
create training modules for and to support the
work of the Youth Advisory Council and the
Council on LGBTQIA Minnesotans.
new text end
new text begin Subd. 3. new text end
new text begin
Strategic Management Services
|
new text begin
2,809,000 new text end |
new text begin
3,115,000 new text end |
new text begin Subd. 4. new text end
new text begin
Fiscal Agent
|
new text begin
30,861,000 new text end |
new text begin
22,573,000 new text end |
new text begin
The base for this appropriation is $14,073,000.
new text end
new text begin
The appropriations under this section are to
the commissioner of administration for the
purposes specified.
new text end
new text begin
In-Lieu of Rent.
new text end
new text begin
$11,129,000 each year is for
space costs of the legislature and veterans
organizations, ceremonial space, and
statutorily free space.
new text end
new text begin
new text begin Public Television.new text end (a) $1,550,000 each year
is for matching grants for public television.
new text end
new text begin
(b) $250,000 each year is for public television
equipment grants under Minnesota Statutes,
section 129D.13.
new text end
new text begin
(c) $500,000 each year is for block grants to
public television under Minnesota Statutes,
section 129D.13. Of this amount, up to three
percent is for the commissioner of
administration to administer the grants. This
is a onetime appropriation.
new text end
new text begin
(d) The commissioner of administration must
consider the recommendations of the
Minnesota Public Television Association
before allocating the amounts appropriated in
paragraphs (a) and (b) for equipment or
matching grants.
new text end
new text begin
new text begin Public Radio.new text end (a) $1,292,000 the first year
and $492,000 the second year are for
community service grants to public
educational radio stations. This appropriation
may be used to disseminate emergency
information in foreign languages. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end
new text begin
(b) $142,000 each year is for equipment grants
to public educational radio stations. This
appropriation may be used for the repair,
rental, and purchase of equipment including
equipment under $500.
new text end
new text begin
(c) $2,200,000 the first year is for grants to
the Association of Minnesota Public
Educational Radio Stations for the purchase
of emergency equipment and increased
cybersecurity and broadcast technology.
new text end
new text begin
(d) $1,288,000 the first year is for a grant to
the Association of Minnesota Public
Educational Radio Stations to provide
community radio news programs. Of this
amount, up to $38,000 is for the commissioner
of administration to administer this grant. This
is a onetime appropriation and is available
through June 30, 2027.
new text end
new text begin
(e) $510,000 each year is for equipment grants
to Minnesota Public Radio, Inc., including
upgrades to Minnesota's Emergency Alert and
AMBER Alert Systems.
new text end
new text begin
(f) The appropriations in paragraphs (a) to (e)
may not be used for indirect costs claimed by
an institution or governing body.
new text end
new text begin
(g) The commissioner of administration must
consider the recommendations of the
Association of Minnesota Public Educational
Radio Stations before awarding grants under
Minnesota Statutes, section 129D.14, using
the appropriations in paragraphs (a) to (c). No
grantee is eligible for a grant unless they are
a member of the Association of Minnesota
Public Educational Radio Stations on or before
July 1, 2023.
new text end
new text begin
(h) Any unencumbered balance remaining the
first year for grants to public television or
public radio stations does not cancel and is
available for the second year.
new text end
new text begin
Real Estate and Construction Services.
$12,000,000 the first year and $8,000,000 the
second year are to facilitate space
consolidation and the transition to a hybrid
work environment, including but not limited
to the design, remodel, equipping, and
furnishing of the space. This appropriation
may also be used for relocation and rent loss.
This is a onetime appropriation and is
available through June 30, 2027.
new text end
Sec. 11. new text beginCAPITOL AREA ARCHITECTURAL
|
new text begin
$ new text end |
new text begin
2,070,000 new text end |
new text begin
$ new text end |
new text begin
510,000 new text end |
new text begin
The base for this appropriation in fiscal year
2026 and each year thereafter is $455,000.
new text end
new text begin
$500,000 in fiscal year 2024 is to support
commemorative artwork activities. This is a
onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
$130,000 in fiscal year 2024 and $55,000 in
fiscal year 2025 are for mandatory zoning and
design rules. This is a onetime appropriation.
new text end
new text begin
$1,000,000 in fiscal year 2024 is to update the
Capitol Campus Design Framework described
in Minnesota Statutes, section 15B.18. This
is a onetime appropriation.
new text end
Sec. 12. new text beginMINNESOTA MANAGEMENT AND
|
new text begin
$ new text end |
new text begin
54,249,000 new text end |
new text begin
$ new text end |
new text begin
59,500,000 new text end |
new text begin
The base for this appropriation is $48,740,000
in fiscal year 2026 and each fiscal year
thereafter.
new text end
new text begin
(a) $13,489,000 the first year and $14,490,000
the second year are to stabilize and secure the
state's enterprise resource planning systems.
This amount is available until June 30, 2027.
The base for this appropriation is $6,470,000
in fiscal year 2026 and each fiscal year
thereafter.
new text end
new text begin
(b) $973,000 the first year and $1,006,000 the
second year are for enterprise continuity of
operations planning and preparedness. The
base for this appropriation is $756,000 in fiscal
year 2026 and each year thereafter.
new text end
new text begin
(c) $466,000 the first year and $622,000 the
second year are for the establishment of a
statewide internal audit office.
new text end
new text begin
(d) $1,408,000 the first year and $3,328,000
the second year are for the establishment of
an enterprise planning, strategy, and
performance unit.
new text end
new text begin
(e) $1,000,000 each year is for administration
and staffing of the Children's Cabinet
established in Minnesota Statutes, section
4.045.
new text end
new text begin
(f) $2,500,000 the first year and $2,500,000
the second year are for interagency
collaboration to develop data collection
standards for race, ethnicity, gender identity,
and disability status and to develop a roadmap
and timeline for implementation of the data
standards across state government. These
funds may be transferred to other agencies to
support this work and may be used to update
computer systems to accommodate revised
data collection standards. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(g) $102,000 the first year and $60,000 the
second year are for the report required under
Minnesota Statutes, section 43A.15,
subdivision 14a, and for training and content
development relating to ADA Title II,
affirmative action, equal employment
opportunity, digital accessibility, inclusion,
disability awareness, and cultural competence.
new text end
Sec. 13. new text beginREVENUE
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
194,566,000 new text end |
new text begin
$ new text end |
new text begin
203,778,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2024 new text end |
new text begin
2025 new text end |
|
new text begin
General new text end |
new text begin
190,306,000 new text end |
new text begin
199,518,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,760,000 new text end |
new text begin
1,760,000 new text end |
new text begin
Highway User Tax Distribution new text end |
new text begin
2,195,000 new text end |
new text begin
2,195,000 new text end |
new text begin
Environmental new text end |
new text begin
305,000 new text end |
new text begin
305,000 new text end |
new text begin
The general fund base for this appropriation
is $196,968,000 in fiscal year 2026 and each
fiscal year thereafter.
new text end
new text begin Subd. 2. new text end
new text begin
Tax System Management
|
new text begin
161,715,000 new text end |
new text begin
168,851,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
157,455,000 new text end |
new text begin
164,591,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,760,000 new text end |
new text begin
1,760,000 new text end |
new text begin
Highway User Tax Distribution new text end |
new text begin
2,195,000 new text end |
new text begin
2,195,000 new text end |
new text begin
Environmental new text end |
new text begin
305,000 new text end |
new text begin
305,000 new text end |
new text begin
The general fund base for this appropriation
is $161,989,000 in fiscal year 2026 and
$162,063,000 in fiscal year 2027 and each
fiscal year thereafter.
new text end
new text begin
new text begin Taxpayer Assistance.new text end (a) $750,000 each year
is for the commissioner of revenue to make
grants to one or more eligible organizations,
qualifying under section 7526A(e)(2)(B) of
the Internal Revenue Code of 1986 to
coordinate, facilitate, encourage, and aid in
the provision of taxpayer assistance services.
The unencumbered balance in the first year
does not cancel but is available for the second
year.
new text end
new text begin
(b) For purposes of this section, "taxpayer
assistance services" means accounting and tax
preparation services provided by volunteers
to low-income, elderly, and disadvantaged
Minnesota residents to help them file federal
and state income tax returns and Minnesota
property tax refund claims and to provide
personal representation before the Department
of Revenue and Internal Revenue Service.
new text end
new text begin Subd. 3. new text end
new text begin
Debt Collection Management
|
new text begin
32,851,000 new text end |
new text begin
34,927,000 new text end |
new text begin
The base for this appropriation is $34,979,000
in fiscal year 2026 and $34,905,000 in fiscal
year 2027 and each fiscal year thereafter.
new text end
Sec. 14. new text beginGAMBLING CONTROL BOARD
|
new text begin
$ new text end |
new text begin
6,365,000 new text end |
new text begin
$ new text end |
new text begin
6,334,000 new text end |
new text begin
These appropriations are from the lawful
gambling regulation account in the special
revenue fund.
new text end
Sec. 15. new text beginRACING COMMISSION
|
new text begin
$ new text end |
new text begin
1,933,000 new text end |
new text begin
$ new text end |
new text begin
954,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
1,000,000 new text end |
new text begin
-0- new text end |
new text begin
Special Revenue new text end |
new text begin
933,000 new text end |
new text begin
954,000 new text end |
new text begin
The special revenue fund appropriations are
from the racing and card playing regulation
accounts in the special revenue fund.
new text end
new text begin
Horseracing Integrity and Safety Act
Compliance. $1,000,000 the first year is from
the general fund for costs related to the federal
Horseracing Integrity and Safety Act. This
appropriation is onetime and is available until
June 30, 2024.
new text end
Sec. 16. new text beginSTATE LOTTERY
|
new text begin
Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the State Lottery's
operating budget must not exceed $40,000,000
in fiscal year 2024 and $40,000,000 in fiscal
year 2025.
new text end
Sec. 17. new text beginAMATEUR SPORTS COMMISSION
|
new text begin
$ new text end |
new text begin
379,000 new text end |
new text begin
$ new text end |
new text begin
391,000 new text end |
Sec. 18. new text beginCOUNCIL FOR MINNESOTANS OF
|
new text begin
$ new text end |
new text begin
795,000 new text end |
new text begin
$ new text end |
new text begin
816,000 new text end |
Sec. 19. new text beginCOUNCIL ON LATINO AFFAIRS
|
new text begin
$ new text end |
new text begin
664,000 new text end |
new text begin
$ new text end |
new text begin
680,000 new text end |
Sec. 20. new text beginCOUNCIL ON ASIAN-PACIFIC
|
new text begin
$ new text end |
new text begin
748,000 new text end |
new text begin
$ new text end |
new text begin
770,000 new text end |
Sec. 21. new text beginCOUNCIL ON LGBTQIA
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
$ new text end |
new text begin
499,000 new text end |
Sec. 22. new text beginYOUTH ADVISORY COUNCIL
|
new text begin
$ new text end |
new text begin
517,000 new text end |
new text begin
$ new text end |
new text begin
515,000 new text end |
Sec. 23. new text beginINDIAN AFFAIRS COUNCIL
|
new text begin
$ new text end |
new text begin
1,337,000 new text end |
new text begin
$ new text end |
new text begin
1,360,000 new text end |
Sec. 24. new text beginMINNESOTA HISTORICAL
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
44,923,000 new text end |
new text begin
$ new text end |
new text begin
26,932,000 new text end |
new text begin
The base for this appropriation in fiscal year
2026 and each year thereafter is $26,457,000.
new text end
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Operations and Programs
|
new text begin
44,502,000 new text end |
new text begin
26,511,000 new text end |
new text begin
The base for this appropriation in fiscal year
2026 and each year thereafter is $26,136,000.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
138.668, the Minnesota Historical Society may
not charge a fee for its general tours at the
Capitol, but may charge fees for special
programs other than general tours.
new text end
new text begin
(a) $375,000 each year is to support statewide
historic sites and museums and enhance
in-person school programs.
new text end
new text begin
(b) $18,957,000 the first year is for capital
improvements and betterments at state historic
sites, buildings, landscaping at historic
buildings, exhibits, markers, and monuments,
to be spent in accordance with Minnesota
Statutes, section 16B.307. The society shall
determine project priorities as appropriate
based on need. This amount is available until
June 30, 2027.
new text end
new text begin
(c) $35,000 the first year is to support the work
of the State Emblems Redesign Commission
established under article 3, section 43.
new text end
new text begin Subd. 3. new text end
new text begin
Fiscal Agent
|
new text begin
421,000 new text end |
new text begin
421,000 new text end |
new text begin
(a) Global Minnesota new text end |
new text begin
39,000 new text end |
new text begin
39,000 new text end |
new text begin
(b) Minnesota Air National Guard Museum new text end |
new text begin
17,000 new text end |
new text begin
17,000 new text end |
new text begin
(c) Hockey Hall of Fame new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
(d) Farmamerica new text end |
new text begin
215,000 new text end |
new text begin
215,000 new text end |
new text begin
The base for this appropriation is $115,000 in
fiscal year 2026 and each fiscal year thereafter.
new text end
new text begin
(e) Minnesota Military Museum new text end |
new text begin
50,000 new text end |
new text begin
50,000 new text end |
new text begin
Any unencumbered balance remaining in this
subdivision the first year does not cancel but
is available for the second year of the
biennium.
new text end
Sec. 25. new text beginBOARD OF THE ARTS
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
7,774,000 new text end |
new text begin
$ new text end |
new text begin
7,787,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Operations and Services
|
new text begin
835,000 new text end |
new text begin
848,000 new text end |
new text begin Subd. 3. new text end
new text begin
Grants Program
|
new text begin
4,800,000 new text end |
new text begin
4,800,000 new text end |
new text begin Subd. 4. new text end
new text begin
Regional Arts Councils
|
new text begin
2,139,000 new text end |
new text begin
2,139,000 new text end |
new text begin
Any unencumbered balance remaining in this
section the first year does not cancel, but is
available for the second year.
new text end
new text begin
Money appropriated in this section and
distributed as grants may only be spent on
projects located in Minnesota. A recipient of
a grant funded by an appropriation in this
section must not use more than ten percent of
the total grant for costs related to travel outside
the state of Minnesota.
new text end
Sec. 26. new text beginMINNESOTA HUMANITIES
|
new text begin
$ new text end |
new text begin
1,145,000 new text end |
new text begin
$ new text end |
new text begin
1,145,000 new text end |
new text begin
$675,000 each year is for grants under
Minnesota Statutes, section 138.912. This
amount is available until June 30, 2027. The
base for this appropriation is $325,000 in fiscal
year 2026 and each fiscal year thereafter. No
more than four percent of the appropriation
may be used for the nonprofit administration
of the program.
new text end
Sec. 27. new text beginBOARD OF ACCOUNTANCY
|
new text begin
$ new text end |
new text begin
844,000 new text end |
new text begin
$ new text end |
new text begin
859,000 new text end |
Sec. 28. new text beginBOARD OF ARCHITECTURE
|
new text begin
$ new text end |
new text begin
893,000 new text end |
new text begin
$ new text end |
new text begin
913,000 new text end |
Sec. 29. new text beginBOARD OF COSMETOLOGIST
|
new text begin
$ new text end |
new text begin
3,470,000 new text end |
new text begin
$ new text end |
new text begin
3,599,000 new text end |
Sec. 30. new text beginBOARD OF BARBER EXAMINERS
|
new text begin
$ new text end |
new text begin
442,000 new text end |
new text begin
$ new text end |
new text begin
452,000 new text end |
Sec. 31. new text beginGENERAL CONTINGENT
|
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2024 new text end |
new text begin
2025 new text end |
|
new text begin
General new text end |
new text begin
1,500,000 new text end |
new text begin
1,500,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
400,000 new text end |
new text begin
400,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
(a) The general fund base for this
appropriation is $500,000 in fiscal year 2026
and $0 in fiscal year 2027 and each fiscal year
thereafter.
new text end
new text begin
(b) The appropriations in this section may only
be spent with the approval of the governor
after consultation with the Legislative
Advisory Commission pursuant to Minnesota
Statutes, section 3.30.
new text end
new text begin
(c) If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end
new text begin
(d) If a contingent account appropriation is
made in one fiscal year, it should be
considered a biennial appropriation.
new text end
Sec. 32. new text beginTORT CLAIMS
|
new text begin
$ new text end |
new text begin
161,000 new text end |
new text begin
$ new text end |
new text begin
161,000 new text end |
new text begin
These appropriations are to be spent by the
commissioner of management and budget
according to Minnesota Statutes, section
3.736, subdivision 7. If the appropriation for
either year is insufficient, the appropriation
for the other year is available both years.
new text end
Sec. 33. new text beginMINNESOTA STATE RETIREMENT
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
14,543,000 new text end |
new text begin
$ new text end |
new text begin
14,372,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Combined Legislators and
|
new text begin
8,543,000 new text end |
new text begin
8,372,000 new text end |
new text begin
Under Minnesota Statutes, sections 3A.03,
subdivision 2; 3A.04, subdivisions 3 and 4;
and 3A.115.
new text end
new text begin
If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end
new text begin Subd. 3. new text end
new text begin
Judges Retirement Plan
|
new text begin
6,000,000 new text end |
new text begin
6,000,000 new text end |
new text begin
For transfer to the judges retirement fund
under Minnesota Statutes, section 490.123.
This transfer continues each fiscal year until
the judges retirement plan reaches 100 percent
funding as determined by an actuarial
valuation prepared according to Minnesota
Statutes, section 356.214.
new text end
Sec. 34. new text beginPUBLIC EMPLOYEES RETIREMENT
|
new text begin
$ new text end |
new text begin
25,000,000 new text end |
new text begin
$ new text end |
new text begin
25,000,000 new text end |
new text begin
(a) $9,000,000 each year is for direct state aid
to the public employees police and fire
retirement plan authorized under Minnesota
Statutes, section 353.65, subdivision 3b.
new text end
new text begin
(b) State payments from the general fund to
the Public Employees Retirement Association
on behalf of the former MERF division
account are $16,000,000 on September 15,
2024, and $16,000,000 on September 15,
2025. These amounts are estimated to be
needed under Minnesota Statutes, section
353.505.
new text end
Sec. 35. new text beginTEACHERS RETIREMENT
|
new text begin
$ new text end |
new text begin
29,831,000 new text end |
new text begin
$ new text end |
new text begin
29,831,000 new text end |
new text begin
The amounts estimated to be needed are as
follows:
new text end
new text begin
Special Direct State Aid. $27,331,000 each
year is for special direct state aid authorized
under Minnesota Statutes, section 354.436.
new text end
new text begin
Special Direct State Matching Aid.
$2,500,000 each year is for special direct state
matching aid authorized under Minnesota
Statutes, section 354.435.
new text end
Sec. 36. new text beginST. PAUL TEACHERS RETIREMENT
|
new text begin
$ new text end |
new text begin
14,827,000 new text end |
new text begin
$ new text end |
new text begin
14,827,000 new text end |
new text begin
The amounts estimated to be needed for
special direct state aid to the first class city
teachers retirement fund association authorized
under Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end
Minnesota Statutes 2022, section 6.91, subdivision 4, is amended to read:
deleted text begin(a)deleted text end The amount necessary to fund obligations under subdivision
2 is annually appropriated from the general fund to the commissioner of revenue.
deleted text begin
(b) The sum of $6,000 in fiscal year 2011 and $2,000 in each fiscal year thereafter is
annually appropriated from the general fund to the state auditor to carry out the auditor's
responsibilities under sections 6.90 to 6.91.
deleted text end
new text begin
$50,000 is appropriated in fiscal year 2024 from the general fund to the commissioner
of the Bureau of Mediation Services to conduct unit determinations.
new text end
new text begin
$58,334,000 of the general fund appropriation in Minnesota Laws 2022, chapter 50,
article 3, section 1, is canceled to the general fund.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) The commissioner of management and budget must reduce general fund appropriation
to executive agencies for agency operations for the biennium ending June 30, 2025, by
$8,672,000 due to savings from reduced transfers to the Governor's Office account in the
special revenue fund.
new text end
new text begin
(b) If savings are obtained through reduced transfers from nongeneral funds other than
those established in the state constitution or protected by federal law, the commissioner of
management and budget may transfer the amount of savings to the general fund. The amount
transferred to the general fund from other funds reduces the required general fund reduction
in this section. Reductions made in 2025 must be reflected as reductions in agency base
budgets for fiscal years 2026 and 2027.
new text end
Section 1. new text beginSTATE GOVERNMENT APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2024 new text end |
new text begin
2025 new text end |
Sec. 2. new text beginLEGISLATURE
|
new text begin
$ new text end |
new text begin
244,000 new text end |
new text begin
$ new text end |
new text begin
245,000 new text end |
new text begin
These amounts are for the Legislative
Coordinating Commission to support the
Secretary of State Voting Task Force
established under article 7, section 50. This is
a onetime appropriation.
new text end
Sec. 3. new text beginSECRETARY OF STATE
|
new text begin
$ new text end |
new text begin
1,698,000 new text end |
new text begin
$ new text end |
new text begin
549,000 new text end |
new text begin
The base for this appropriation is $538,000 in
fiscal year 2026 and each fiscal year thereafter.
new text end
new text begin
$800,000 the first year is for the secretary of
state to make grants to counties and
municipalities to improve access to polling
places for individuals with disabilities and to
provide the same opportunity for access and
participation in the electoral process, including
privacy and independence, to voters with
disabilities as that which exists for voters with
no disabilities. Funds may be used to purchase
equipment or to make capital improvements
to publicly owned facilities. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
$200,000 the first year is to develop and
implement an educational campaign relating
to the restoration of the right to vote to
formerly incarcerated individuals, including
voter education materials and outreach to
affected individuals.
new text end
Sec. 4. new text beginCAMPAIGN FINANCE AND PUBLIC
|
new text begin
$ new text end |
new text begin
1,743,000 new text end |
new text begin
$ new text end |
new text begin
1,731,000 new text end |
Sec. 5. new text beginCORRECTIONS
|
new text begin
$ new text end |
new text begin
165,000 new text end |
new text begin
$ new text end |
new text begin
33,000 new text end |
new text begin
For changes to the report required under
Minnesota Statutes, section 201.145,
subdivision 3.
new text end
new text begin
$461,000 in fiscal year 2023 is transferred from the general fund to the Help America
Vote Act (HAVA) account established in Minnesota Statutes, section 5.30, and is credited
to the state match requirement of the Consolidated Appropriations Act of 2022, Public Law
117-103, and the Consolidated Appropriations Act of 2023, Public Law 117-328. This is a
onetime transfer.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$495,000 in fiscal year 2023 is appropriated from the general fund to the secretary of
state for the payment of attorney fees and costs awarded by court order in the legislative
and congressional redistricting cases Peter Wattson, et al.; Paul Anderson, et al.; and Frank
Sachs, et al. v. Steve Simon, Secretary of State of Minnesota, Nos. A21-0243 and A21-0546,
and interest thereon. This is a onetime appropriation.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$3,899,000 in fiscal year 2025 is transferred from the general fund to the general account
of the state elections campaign account established in Minnesota Statutes, section 10A.31.
This is a onetime transfer.
new text end
Minnesota Statutes 2022, section 5.30, subdivision 2, is amended to read:
deleted text beginNotwithstanding section 4.07,deleted text end Money in the Help America
Vote Act account deleted text beginmay be spent only pursuant to direct appropriations enacted from time to
time by law. Money in the account must be spentdeleted text endnew text begin is appropriated to the secretary of statenew text end
to improve new text beginthe new text endadministration of elections in accordance with the Help America Vote Act,
the state plan certified by the governor under the act, and for reporting and administrative
requirements under the act and plan. new text beginTo the extent required by federal law, new text endmoney in the
account must be used in a manner that is consistent with the maintenance of effort
requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252,
based on the level of state expenditures for the fiscal year ending June 30, 2000.
new text begin
This section is effective the day following final enactment and
applies to any balances in the Help America Vote Act account existing on or after that date.
new text end
Minnesota Statutes 2022, section 10A.31, subdivision 4, is amended to read:
(a) The amounts designated by individuals for the state elections
campaign account, less three percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state elections campaign account,
and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
The remaining three percent must be kept in the general fund for administrative costs.
(b) In addition to the amounts in paragraph (a), deleted text begin$1,020,000deleted text endnew text begin $4,932,000new text end for each general
election is appropriated from the general fund for transfer to the general account of the state
elections campaign account.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2022, section 3.07, is amended to read:
Each house, after its organization, may appoint and at pleasure remove the employees
provided for by its permanent rules or recommended by its Committee on Rulesnew text begin, subject to
terms and conditions of employment under applicable collective bargaining agreementsnew text end.
All officers and employees shall receive the compensation provided by the permanent rules
of the electing or appointing body or recommended by its Committee on Rules. Unless
otherwise expressly provided by law, no officer or employee shall receive any other
compensation for services.
Minnesota Statutes 2022, section 3.09, is amended to read:
The compensation of officers and employees shall be at the rates fixed by the permanent
rules of the electing or appointing body or recommended by its Committee on Rulesnew text begin, subject
to terms and conditions of employment under applicable collective bargaining agreementsnew text end.
Minnesota Statutes 2022, section 3.98, subdivision 2, is amended to read:
(a) The fiscal note, where possible, shall:
(1) cite the effect in dollar amounts;
(2) cite the statutory provisions affected;
(3) estimate the increase or decrease in revenues or expenditures;
(4) include the costs which may be absorbed without additional funds;
(5) include the assumptions used in determining the cost estimates; and
(6) specify any long-range implication.
(b) The fiscal note may comment on technical or mechanical defects in the bill but shall
express no opinions concerning the merits of the proposal.
new text begin
(c) The fiscal note must assume the legal validity of the bill, but may comment on
potential litigation that may result from passage of the bill.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 4.045, is amended to read:
The Children's Cabinet shall consist of the commissioners of education, human services,
employment and economic development, public safety, corrections, management and budget,
health, administration, Housing Finance Agency, and transportationdeleted text begin, and the director of the
Office of Strategic and Long-Range Planningdeleted text end. The governor shall designate one member
to serve as cabinet chair. The chair is responsible for ensuring that the duties of the Children's
Cabinet are performed.
new text begin
(a) The membership of the council is as described in this
subdivision.
new text end
new text begin
(b) The governor must appoint three members to represent each of the state's
congressional districts. Of these, two members from each congressional district must be in
grades 8 through 12 at the time of appointment, and one member must be between the ages
of 19 and 23 at the time of appointment. The governor may only appoint an individual under
the age of 18 to the council with the consent of the individual's parent or guardian. The
governor must ensure that the demographic composition of the council accurately reflects
the demographic composition of Minnesota's youth community as determined by the state
demographer.
new text end
new text begin
(c) Four legislators are voting members of the council. The speaker of the house and the
house minority leader must each appoint one member to the council. The majority leader
of the senate must appoint one member of the majority caucus and the minority leader of
the senate must appoint one member of the minority caucus to the council.
new text end
new text begin
(d) The governor may appoint a commissioner of a state agency or a designee of that
commissioner to serve as an ex officio, nonvoting member of the council.
new text end
new text begin
(a) The council's executive director and the
legislative members may offer advice to the governor on applicants seeking appointment
to the council.
new text end
new text begin
(b) Terms, compensation, and filling of vacancies for members appointed by the governor
are as provided in section 15.059, except that the term of a member is two years. Removal
of members appointed by the governor is governed by section 15.059, except that: (1) a
member who missed more than half of the council meetings convened during a 12-month
period automatically is removed from the council; and (2) a member appointed by the
governor may be removed by a vote of three of the four legislative members of the council.
The chair of the council must inform the governor of the need for the governor to fill a
vacancy on the council. Legislative members serve at the pleasure of their appointing
authority.
new text end
new text begin
(c) An appointee of the governor may serve one term on the council. A legislator may
serve no more than eight consecutive years or 12 nonconsecutive years on this council.
new text end
new text begin
(a) A member
appointed by the governor must attend orientation training within the first six months of
service for the member's term. The commissioner of administration must arrange for the
training to include but not be limited to the legislative process and the duties and
responsibilities associated with membership on a state advisory council. The governor must
remove a member who does not complete the training.
new text end
new text begin
(b) The council must annually elect from among the members appointed by the governor
a chair and other officers the council deems necessary. The elected officers and one legislative
member selected by the council must serve as the executive committee of the council.
new text end
new text begin
(c) Forty percent of voting members of the council constitutes a quorum. A quorum is
required to conduct council business. A council member may not vote on any action if the
member has a conflict of interest under section 10A.07.
new text end
new text begin
(d) The council must receive administrative support from the commissioner of
administration under section 16B.371. The council may contract in its own name but must
not accept or receive a loan or incur indebtedness except as otherwise provided by law.
Contracts must be approved by a majority of the members of the council who are over the
age of 21 years and executed by the executive director. The council may apply for, receive,
and expend in its own name grants and gifts of money consistent with the powers and duties
specified in this section.
new text end
new text begin
(e) The attorney general must provide legal services to the council on behalf of the state
on all matters relating to the council, including matters relating to the state as the employer
of the executive director of the council and other council staff.
new text end
new text begin
(a) The commissioner of administration must appoint
an executive director for the council. The executive director must be experienced in
administrative activities and familiar with the challenges and needs of Minnesota's youth
community. The executive director serves in the unclassified service at the pleasure of the
commissioner of administration.
new text end
new text begin
(b) The commissioner of administration must establish a process for recruiting and
selecting applicants for the executive director position. This process must include consultation
and collaboration with the council.
new text end
new text begin
(c) The executive director and council members must work together in fulfilling council
duties. The executive director must consult with the commissioner of administration to
ensure appropriate financial, purchasing, human resources, and other services for operation
of the council.
new text end
new text begin
(d) The council chair must report to the commissioner of administration regarding the
performance of the executive director, including any recommendations regarding disciplinary
actions. The executive director must appoint and supervise the work of other staff necessary
to carry out the duties of the council.
new text end
new text begin
(e) The executive director must submit the council's biennial budget request to the
commissioner of management and budget as provided under chapter 16A.
new text end
new text begin
(a) The council must work for the implementation of
economic, social, legal, and political equality for the youth community. The council must
work with the legislature and governor to carry out this work by performing the duties in
this section. The council must:
new text end
new text begin
(1) develop and approve a strategic plan to guide the council's work in implementing
the duties and goals required by this section;
new text end
new text begin
(2) advise the governor and the legislature on issues confronting the youth community.
This may include but is not limited to presenting the results of surveys, studies, and
community forums to the appropriate executive departments and legislative committees;
new text end
new text begin
(3) advise the governor and the legislature of administrative and legislative changes
needed to improve the economic and social condition of the youth community. This may
include but is not limited to working with legislators to develop legislation to address these
issues and to work for passage of the legislation;
new text end
new text begin
(4) advise the governor and the legislature of the implications and effect of proposed
administrative and legislative changes on the youth community. This may include but is
not limited to tracking legislation, testifying as appropriate, and meeting with executive
departments and legislators;
new text end
new text begin
(5) serve as a liaison between state government and organizations that serve the youth
community. This may include but is not limited to working with organizations that serve
youth to carry out the duties in this subdivision, and working with organizations that serve
youth to develop informational programs or publications to involve and empower youth
seeking to improve their economic and social conditions; and
new text end
new text begin
(6) perform or contract for the performance of studies designed to suggest solutions to
identified problems in the areas of education, employment, human rights, health, housing,
social welfare, and other related areas.
new text end
new text begin
(b) In carrying out duties under this subdivision, the council may act to advise on issues
that affect the shared constituencies of a council established in section 15.0145.
new text end
new text begin
A council member must:
new text end
new text begin
(1) attend and participate in scheduled meetings and be prepared by reviewing meeting
notes;
new text end
new text begin
(2) maintain and build communication with the youth community;
new text end
new text begin
(3) collaborate with the council and executive director in carrying out the council's duties;
and
new text end
new text begin
(4) participate in activities the council or executive director deem appropriate and
necessary to facilitate the goals and duties of the council.
new text end
new text begin
The council must report on the measurable outcomes achieved in the
council's current strategic plan to meet its statutory duties, along with the specific objectives
and outcome measures proposed for the following year. The council must submit the report
by January 15 each year to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over state government operations and other committees
as the council determines appropriate. Each report must cover the calendar year of the year
before the report is submitted. The specific objectives and outcome measures for the
following current year must focus on three or four achievable objectives, action steps, and
measurable outcomes for which the council must be held accountable. The strategic plan
may include other items that support the statutory purposes of the council but must not
distract from the primary statutory proposals presented. The biennial budget of the council
must be submitted to the commissioner of administration by February 1 in each
odd-numbered year.
new text end
new text begin
(a) The Council on LGBTQIA
Minnesotans is established. The council consists of 16 voting members.
new text end
new text begin
(b) The governor shall appoint a total of 12 public voting members. The governor may
additionally appoint a commissioner of a state agency or a designee of the commissioner
to serve as an ex-officio, nonvoting member of the council.
new text end
new text begin
(c) Four legislators shall be appointed to the council. The speaker of the house and the
minority leader of the house of representatives shall each appoint one member of the house
of representatives to the council. The senate Subcommittee on Committees of the Committee
on Rules and Administration shall appoint one member of the senate majority caucus and
one member of the senate minority caucus.
new text end
new text begin
(a) In making appointments to the council,
the governor shall consider an appointee's proven dedication and commitment to Minnesota's
LGBTQIA community and any expertise possessed by the appointee that might be beneficial
to the council, such as experience in public policy, legal affairs, social work, business, or
management. The executive director and legislative members may offer advice to the
governor on applicants seeking appointment.
new text end
new text begin
(b) Terms, compensation, and filling of vacancies for members appointed by the governor
are as provided in section 15.059. Removal of members appointed by the governor is
governed by section 15.059, except that: (1) a member who misses more than half of the
council meetings convened during a 12-month period is automatically removed from the
council; and (2) a member appointed by the governor may be removed by a vote of three
of the four legislative members of the council. The chair of the council shall inform the
governor of the need for the governor to fill a vacancy on the council. Legislative members
serve at the pleasure of their appointing authority.
new text end
new text begin
(c) A member appointed by the governor may serve no more than a total of eight years
on the council. A legislator may serve no more than eight consecutive years or 12
nonconsecutive years on the council.
new text end
new text begin
(a) A member appointed
by the governor must attend orientation training within the first six months of service for
the member's initial term. The commissioner of administration must arrange for the training
to include but not be limited to the legislative process, government data practices, ethics,
conflicts of interest, Open Meeting Law, Robert's Rules of Order, fiscal management, and
human resources. The governor must remove a member who does not complete the training.
new text end
new text begin
(b) The council shall annually elect from among the members appointed by the governor
a chair and other officers the council deems necessary. These officers and one legislative
member selected by the council shall serve as the executive committee of the council.
new text end
new text begin
(c) Forty percent of voting members of the council constitutes a quorum. A quorum is
required to conduct council business. A council member may not vote on any action if the
member has a conflict of interest under section 10A.07.
new text end
new text begin
(d) The council shall receive administrative support from the commissioner of
administration under section 16B.371. The council may contract in its own name but may
not accept or receive a loan or incur indebtedness except as otherwise provided by law.
Contracts must be approved by a majority of the members of the council and executed by
the chair and the executive director. The council may apply for, receive, and expend in its
own name grants and gifts of money consistent with the powers and duties specified in this
section.
new text end
new text begin
(e) The attorney general shall provide legal services to the council on behalf of the state
on all matters relating to the council, including matters relating to the state as the employer
of the executive director of the council and other council staff.
new text end
new text begin
(a) The Legislative Coordinating Commission must
appoint an executive director for the council. The executive director must be experienced
in administrative activities and familiar with the challenges and needs of Minnesota's
LGBTQIA community. The executive director serves in the unclassified service at the
pleasure of the Legislative Coordinating Commission.
new text end
new text begin
(b) The Legislative Coordinating Commission must establish a process for recruiting
and selecting applicants for the executive director position. This process must include
consultation and collaboration with the council.
new text end
new text begin
(c) The executive director and council members must work together in fulfilling council
duties. The executive director must consult with the commissioner of administration to
ensure appropriate financial, purchasing, human resources, and other services for operation
of the council.
new text end
new text begin
(d) Once appointed, the council is responsible for supervising the work of the executive
director. The council chair must report to the chair of the Legislative Coordinating
Commission regarding the performance of the executive director, including recommendations
regarding any disciplinary actions. The executive director must appoint and supervise the
work of other staff necessary to carry out the duties of the council. The executive director
must consult with the council chair prior to taking the following disciplinary actions with
council staff: written reprimand, suspension, demotion, or discharge. The executive director
and other council staff are executive branch employees.
new text end
new text begin
(e) The executive director must submit the council's biennial budget request to the
commissioner of management and budget as provided under chapter 16A.
new text end
new text begin
(a) The council must work for the implementation of
economic, social, legal, and political equality for Minnesota's LGBTQIA community. The
council shall work with the legislature and governor to carry out this work by performing
the duties in this section.
new text end
new text begin
(b) The council shall advise the governor and the legislature on issues confronting the
LGBTQIA community. This may include but is not limited to presenting the results of
surveys, studies, and community forums to the appropriate executive departments and
legislative committees.
new text end
new text begin
(c) The council shall advise the governor and the legislature of administrative and
legislative changes needed to improve the economic and social condition of Minnesota's
LGBTQIA community. This may include but is not limited to working with legislators to
develop legislation to address issues and to work for passage of legislation. This may also
include making recommendations regarding the state's affirmative action program and the
state's targeted group small business program or working with state agencies and
organizations to develop business opportunities and promote economic development for
the LGBTQIA community.
new text end
new text begin
(d) The council shall advise the governor and the legislature of the implications and
effect of proposed administrative and legislative changes on the constituency of the council.
This may include but is not limited to tracking legislation, testifying as appropriate, and
meeting with executive departments and legislators.
new text end
new text begin
(e) The council shall serve as a liaison between state government and organizations that
serve Minnesota's LGBTQIA community. This may include but is not limited to working
with these organizations to carry out the duties in paragraphs (a) to (d) and working with
these organizations to develop informational programs or publications to involve and
empower the community in seeking improvement in their economic and social conditions.
new text end
new text begin
(f) The council shall perform or contract for the performance of studies designed to
suggest solutions to the problems of Minnesota's LGBTQIA community in the areas of
education, employment, human rights, health, housing, social welfare, and other related
areas.
new text end
new text begin
(g) In carrying out duties under this subdivision, the council may act to advise on issues
that affect the shared constituencies with the councils established in section 15.0145.
new text end
new text begin
A council member shall:
new text end
new text begin
(1) attend and participate in scheduled meetings and be prepared by reviewing meeting
notes;
new text end
new text begin
(2) maintain and build communication with Minnesota's LGBTQIA community;
new text end
new text begin
(3) collaborate with the council and executive director in carrying out the council's duties;
and
new text end
new text begin
(4) participate in activities the council or executive director deem appropriate and
necessary to facilitate the goals and duties of the council.
new text end
new text begin
The council must report on the measurable outcomes achieved in the
council's current strategic plan to meet its statutory duties, along with the specific objectives
and outcome measures proposed for the following year. The council must submit the report
by January 15 each year to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over state government operations. Each report must
cover the calendar year of the year before the report is submitted. The specific objectives
and outcome measures for the following current year must focus on three or four achievable
objectives, action steps, and measurable outcomes for which the council will be held
accountable. The strategic plan may include other items that support the statutory purposes
of the council but should not distract from the primary statutory proposals presented. The
biennial budget of the council must be submitted to the Legislative Coordinating Commission
by February 1 in each odd-numbered year.
new text end
new text begin
(a) An update to the Capitol Campus Design Framework must include:
new text end
new text begin
(1) plans to integrate green space campuswide, including but not limited to the addition
of green space on the following sites at the approximate sizes indicated:
new text end
new text begin
(i) the southwest corner of Rice Street and University Avenue, with a minimum size of
20,700 square feet;
new text end
new text begin
(ii) the northeast corner of Rice Street and University Avenue, with a minimum size of
32,000 square feet; and
new text end
new text begin
(iii) the north side of the State Capitol building adjacent to University Avenue;
new text end
new text begin
(2) plans for visual markers and welcome information for the Capitol campus at one or
more corners of Rice Street and University Avenue, anchoring a pathway to the State Capitol
building and Capitol Mall that features interpretive markers honoring the importance and
stature of the Capitol campus as both a historic site and as a modern, active public gathering
space for all Minnesotans; and
new text end
new text begin
(3) plans to plant trees throughout the Capitol campus, prioritizing the creation of a
mature tree canopy to provide an area of shade for users of the Capitol Mall between or
adjacent to the State Capitol building and Martin Luther King, Jr. Boulevard.
new text end
new text begin
(b) The Capitol Area Architectural and Planning Board must contract with one or more
professional design consultants with expertise on horticulture, landscape architecture, civic
space design, infrastructure assessment, and operations and maintenance planning to develop
the framework updates. The board must additionally consult with the commissioners of
administration and public safety and the senate majority leader and the speaker of the house
or their designees before any proposed framework update is approved. The board must
approve the updated design framework no later than December 31, 2023.
new text end
Minnesota Statutes 2022, section 16A.055, is amended by adding a subdivision to
read:
new text begin
The commissioner may apply for and receive grants from
any source for the purpose of fulfilling any of the duties of the department. All funds received
under this subdivision are appropriated to the commissioner for the purposes for which the
funds are received.
new text end
new text begin
(a) The commissioner of management and budget is responsible for the coordination,
development, assessment, and communication of information, performance measures,
planning, and policy concerning the state's future.
new text end
new text begin
(b) The commissioner must develop a statewide system of economic, social, and
environmental performance measures. The commissioner must provide information to assist
public and elected officials with understanding the status of these performance measures.
new text end
new text begin
(c) The commissioner may appoint one deputy with principal responsibility for planning,
strategy, and performance management.
new text end
Minnesota Statutes 2022, section 16A.126, subdivision 1, is amended to read:
The commissioner shall approve the rates an agency must pay
to a revolving fund for services. Funds subject to this subdivision include, but are not limited
to, the revolving funds established in sections 14.46; 14.53; 16B.2975, subdivision 4; 16B.48;
16B.54; 16B.58; 16B.85; 16E.14; 43A.55; and 176.591; deleted text beginanddeleted text end the fund established in section
43A.30new text begin; and the account established in section 16A.1286new text end.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 16A.1286, subdivision 2, is amended to read:
The commissioner may bill deleted text beginup to $10,000,000 indeleted text end each
fiscal year for statewide systems services provided to state agenciesdeleted text begin, judicial branch agencies,
the University of Minnesotadeleted text endnew text begin in the executive, judicial, and legislative branchesnew text end, the Minnesota
State Colleges and Universities, and other entities. Each agency shall transfer from agency
operating appropriations to the statewide systems account the amount billed by the
commissioner. deleted text beginBilling policies and procedures related to statewide systems services must
be developed by the commissioner in consultation with the commissioners of management
and budget and administration, the University of Minnesota, and the Minnesota State Colleges
and Universities.deleted text endnew text begin The commissioner shall develop billing policies and procedures.
new text end
new text begin
This section is effective July 1, 2025.
new text end
new text begin
For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(a) "Carbon steel" means steel in which the main alloying element is carbon and whose
properties are chiefly dependent on the percentage of carbon present.
new text end
new text begin
(b) "Commissioner" means the commissioner of administration.
new text end
new text begin
(c) "Electric arc furnace" means a furnace that produces molten alloy metal and heats
the charge materials with electric arcs from carbon electrodes.
new text end
new text begin
(d) "Eligible material" means:
new text end
new text begin
(1) carbon steel rebar;
new text end
new text begin
(2) structural steel;
new text end
new text begin
(3) concrete; or
new text end
new text begin
(4) asphalt paving mixtures.
new text end
new text begin
(e) "Eligible project" means:
new text end
new text begin
(1) new construction of a state building larger than 50,000 gross square feet of occupied
or conditioned space;
new text end
new text begin
(2) renovation of more than 50,000 gross square feet of occupied or conditioned space
in a state building whose renovation cost exceeds 50 percent of the building's assessed value;
or
new text end
new text begin
(3) new construction or reconstruction of two or more lane-miles of a trunk highway.
new text end
new text begin
(f) "Environmental product declaration" means a supply chain specific type III
environmental product declaration that:
new text end
new text begin
(1) contains a lifecycle assessment of the environmental impacts of manufacturing a
specific product by a specific firm, including the impacts of extracting and producing the
raw materials and components that compose the product;
new text end
new text begin
(2) is verified by a third party; and
new text end
new text begin
(3) meets the ISO 14025 standard developed and maintained by the International
Organization for Standardization (ISO).
new text end
new text begin
(g) "Global warming potential" has the meaning given in section 216H.10, subdivision
6.
new text end
new text begin
(h) "Greenhouse gas" has the meaning given to "statewide greenhouse gas emissions"
in section 216H.01, subdivision 2.
new text end
new text begin
(i) "Integrated steel manufacturing" means the production of iron and subsequently steel
from primarily iron ore or iron ore pellets. An integrated steel manufacturing process can
include a blast furnace, a basic oxygen furnace for refining molten iron into steel, but may
also include furnaces that continuously feed direct-reduced iron ore pellets as the primary
source of iron.
new text end
new text begin
(j) "Lifecycle" means an analysis that includes the environmental impacts of all stages
of a specific product's production, from mining and processing its raw materials to the
process of manufacturing the product itself.
new text end
new text begin
(k) "Rebar" means a steel reinforcing bar or rod encased in concrete.
new text end
new text begin
(l) "Secondary steel manufacturing" means the production of steel where primarily
ferrous scrap and other metallic inputs are recycled by melting and refining in electric arc
furnaces.
new text end
new text begin
(m) "State building" means a building that is owned by the state of Minnesota or a
Minnesota state agency.
new text end
new text begin
(n) "Structural steel" means steel that is classified by the shapes of its cross-sections,
such as I, T, and C shapes.
new text end
new text begin
(o) "Supply chain specific" means an environmental product declaration that includes
specific data for the production processes of the materials and components composing a
product that contribute at least 80 percent of the product's lifecycle global warming potential,
as defined in International Organization for Standardization standard 21930.
new text end
new text begin
(a) The commissioner must,
based upon a recommendation from the Environmental Standards Procurement Task Force
in subdivision 5, establish and publish a maximum acceptable global warming potential for
each eligible material used in an eligible project, in accordance with the following schedule:
new text end
new text begin
(1) for concrete used in buildings, no later than January 15, 2026; and
new text end
new text begin
(2) for carbon steel rebar and structural steel and, after conferring with the commissioner
of transportation, for asphalt paving mixtures and concrete pavement, no later than January
15, 2028.
new text end
new text begin
(b) The commissioner must, after considering nationally or internationally recognized
databases of environmental product declarations for an eligible material, establish the
maximum acceptable global warming potential for that eligible material.
new text end
new text begin
(c) The commissioner may set different maximum global warming potentials for different
specific products and sub product categories that are examples of the same eligible material
based on distinctions between eligible material production and manufacturing processes
such as integrated versus secondary steel production.
new text end
new text begin
(d) The commissioner must establish maximum global warming potentials that are
consistent with criteria in an environmental product declaration.
new text end
new text begin
(e) Not later than three years after establishing the maximum global warming potential
for an eligible material under paragraph (a), and not longer than every three years thereafter,
the commissioner, after conferring with the commissioner of transportation with respect to
asphalt paving mixtures and concrete pavement, must review the maximum acceptable
global warming potential for each eligible material and for specific eligible material products.
The commissioner may adjust any of those values downward to reflect industry improvements
if, based on the process described in paragraph (b), the commissioner determines that the
industry average has declined.
new text end
new text begin
The commissioners of administration and transportation
must, based upon the recommendations of the Environmental Procurement Task Force,
establish processes for incorporating the maximum allowable global warming potential of
eligible materials into their bidding processes by the effective dates established in subdivision
2.
new text end
new text begin
(a) No later than July 1, 2024, the commissioner of
administration must establish a pilot program that seeks to obtain from vendors an estimate
of the lifecycle greenhouse gas emissions of products selected by the department from
among those procured. The pilot program must encourage, but may not require, a vendor
to submit the following data for each selected product that represents at least 90 percent of
the total cost of the materials or components composing the selected product:
new text end
new text begin
(1) the quantity of the product purchased by the department;
new text end
new text begin
(2) a current environmental product declaration for the product;
new text end
new text begin
(3) the name and location of the product's manufacturer;
new text end
new text begin
(4) a copy of the vendor's Supplier Code of Conduct, if any;
new text end
new text begin
(5) the names and locations of the product's actual production facilities; and
new text end
new text begin
(6) an assessment of employee working conditions at the product's production facilities.
new text end
new text begin
(b) The commissioner must construct a publicly accessible or adopt an existing publicly
accessible database that must be posted on the department website and must contain the
data reported to the department under this subdivision. The data must be reported in a manner
that does not disclose, directly or in combination with other publicly available data, the
identification of the product manufacturer.
new text end
new text begin
(a) No later than October
1, 2023, the commissioners of administration and transportation must establish an
Environmental Standards Procurement Task Force to examine issues surrounding the
implementation of a program requiring vendors of certain construction materials purchased
by the state to:
new text end
new text begin
(1) submit environmental product declarations that assess the lifecycle environmental
impacts of those materials to state officials as part of the procurement process; and
new text end
new text begin
(2) meet standards established by the commissioner that limit greenhouse gas emission
impacts of those materials.
new text end
new text begin
(b) The task force must examine, at a minimum, the following:
new text end
new text begin
(1) which construction materials should be subject to the program requirements;
new text end
new text begin
(2) what factors should be considered in establishing greenhouse gas emission standards
including distinctions between eligible material production and manufacturing processes
such as integrated versus secondary steel production;
new text end
new text begin
(3) a schedule for the development of standards for specific materials and for
incorporating the standards into the purchasing process including distinctions between
eligible material production and manufacturing processes;
new text end
new text begin
(4) the development and use of financial incentives to reward vendors for developing
products whose greenhouse gas emissions are below the standards;
new text end
new text begin
(5) the provision of grants to defer a vendor's cost to obtain environmental product
declarations;
new text end
new text begin
(6) how the issues in clauses (1) to (5) are addressed by existing programs in other states
and countries;
new text end
new text begin
(7) how to coordinate with the federal Buy Clean Task Force established under Executive
Order 14057 and representatives of the United States Departments of Commerce, Energy,
Housing and Urban Development, Transportation; the Environmental Protection Agency;
the General Services Administration; the White House Office of Management and Budget;
and the White House Domestic Climate Policy Council; and
new text end
new text begin
(8) any other issues the task force deems relevant.
new text end
new text begin
(c) The task force must make recommendations to the commissioners of administration
and transportation regarding:
new text end
new text begin
(1) how the agencies must implement requirements requiring maximum global warming
impacts for eligible materials are integrated into the bidding process for eligible projects;
new text end
new text begin
(2) what incentive structures can be included in bidding processes to encourage the use
of materials below the maximum global warming potential;
new text end
new text begin
(3) how a successful bidder for a contract will notify the commissioner of the specific
environmental product declaration for a material used on a project;
new text end
new text begin
(4) a process for waiving the requirements to procure materials below the maximum
global warming potential in case of product supply problems, geographic impracticability,
or financial hardship;
new text end
new text begin
(5) a system for awarding grants to manufacturers of eligible materials located in
Minnesota to offset the cost of obtaining environmental product declarations or otherwise
collect environmental product declaration data from manufacturers based in Minnesota;
new text end
new text begin
(6) whether to use an industry average or a different method to set the maximum allowable
global warming potential, or whether that average could be used for some materials but not
others; and
new text end
new text begin
(7) any other items it deems appropriate for the implementation of this section.
new text end
new text begin
(d) Members of the task force must include, but may not be limited to, representatives
of:
new text end
new text begin
(1) the Departments of Administration and Transportation;
new text end
new text begin
(2) the Center for Sustainable Building Research at the University of Minnesota;
new text end
new text begin
(3) the Aggregate and Ready Mix Association of Minnesota;
new text end
new text begin
(4) the Concrete Paving Association of Minnesota;
new text end
new text begin
(5) the Minnesota Asphalt Pavement Association;
new text end
new text begin
(6) the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape
Architecture, Geoscience, and Interior Design;
new text end
new text begin
(7) a representative of the Minnesota steel industry;
new text end
new text begin
(8) building and transportation construction firms;
new text end
new text begin
(9) suppliers of eligible materials;
new text end
new text begin
(10) organized labor in the construction trades;
new text end
new text begin
(11) organized labor in the manufacturing or industrial sectors;
new text end
new text begin
(12) environmental advocacy organizations; and
new text end
new text begin
(13) environmental justice organizations.
new text end
new text begin
(e) The Department of Administration must provide meeting space and serve as staff to
the task force.
new text end
new text begin
(f) The commissioner, or the commissioner's designee, must serve as chair of the task
force. The task force must meet at least four times annually, and must convene additional
meetings at the call of the chair.
new text end
new text begin
(g) The commissioner must summarize the findings and recommendations of the task
force in a report submitted to the chairs and ranking minority members of the senate and
house of representatives committees with primary jurisdiction for state government,
transportation, and energy no later than December 1, 2025, and annually thereafter until the
task force expires.
new text end
new text begin
(h) The task force is subject to section 15.059, subdivision 6.
new text end
new text begin
(i) The task force must sunset on January 1, 2029.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The Office of Enterprise Sustainability is
established to assist all state agencies in making measurable progress toward improving the
sustainability of government operations by reducing the impact on the environment,
controlling unnecessary waste of natural resources and public funds, and spurring innovation.
The office shall create new tools and share best practices, assist state agencies to plan for
and implement improvements, and monitor progress toward achieving intended outcomes.
Specific duties include but are not limited to:
new text end
new text begin
(1) managing a sustainability metrics and reporting system, including a public dashboard
that allows Minnesotans to track progress and is updated annually;
new text end
new text begin
(2) assisting agencies in developing and executing sustainability plans; and
new text end
new text begin
(3) implementing the state building energy conservation improvement revolving loan
in Minnesota Statutes, sections 16B.86 and 16B.87.
new text end
new text begin
Each cabinet-level agency is required to
participate in the sustainability effort by developing a sustainability plan and by making
measurable progress toward improving associated sustainability outcomes. State agencies
and boards that are not members of the cabinet shall take steps toward improving
sustainability outcomes. However, they are not required to participate at the level of
cabinet-level agencies.
new text end
new text begin
The Office of Enterprise Sustainability shall make
reasonable attempts to share tools and best practices with local governments.
new text end
new text begin
(a) The commissioner shall establish an Office of
Enterprise Translations. The office must:
new text end
new text begin
(1) provide translation services for written material for executive agencies;
new text end
new text begin
(2) create and maintain language-specific landing webpages in Spanish, Hmong, and
Somali with links to translated materials at state agency websites; and
new text end
new text begin
(3) serve as a resource to executive agencies in areas such as best practices and standards
for the translation of written materials.
new text end
new text begin
(b) The commissioner shall determine the process and requirements for state agencies
to request translations of written materials.
new text end
new text begin
The language access service
account is created in the special revenue fund for reimbursing state agencies for expenses
incurred in providing language translation services.
new text end
Minnesota Statutes 2022, section 16B.4805, subdivision 1, is amended to read:
"Reasonable accommodation" as used in this section has
the meaning given in section 363A.08. "State agency" as used in this section has the meaning
given in section 16A.011, subdivision 12. "Reasonable accommodations eligible for
reimbursement" means:
(1) reasonable accommodations provided to applicants for employment;
(2) reasonable accommodations for employees for services that will need to be provided
on a periodic or ongoing basis; or
(3) reasonable accommodations that involve onetime expenses that total more than
deleted text begin $1,000deleted text endnew text begin $500new text end for an employee in a fiscal year.
Minnesota Statutes 2022, section 16B.97, subdivision 2, is amended to read:
The commissioner shall provide leadership and direction
for policy related to grants management in Minnesota in order to foster more consistent,
streamlined interaction between executive agencies, funders, and grantees that will enhance
access to grant opportunities and information and lead to greater program accountability
and transparency. The commissioner has the duties and powers stated in this section. deleted text beginAn
executive agencydeleted text endnew text begin Executive agencies shall fully cooperate with the commissioner in the
creation, management, and oversight of state grants andnew text end must do what the commissioner
requires under this section.new text begin The commissioner may adopt rules to carry out grants governance,
oversight, and management.
new text end
new text begin
This section is effective August 1, 2023.
new text end
Minnesota Statutes 2022, section 16B.97, subdivision 3, is amended to read:
The commissioner has the authority to:
(1) review grants management practices and deleted text beginproposedeleted text endnew text begin establish and enforcenew text end policy and
procedure improvements deleted text beginto the governor, legislature, executive agencies, and the federal
governmentdeleted text end;
(2) sponsor, support, and facilitate innovative and collaborative grants management
projects with public and private organizations;
(3) review, recommend, and implement alternative strategies for grants management;
(4) collect and disseminate information, issue reports relating to grants management,
and sponsor and conduct conferences and studies; deleted text beginand
deleted text end
(5) participate in conferences and other appropriate activities related to grants
management issuesdeleted text begin.deleted text endnew text begin;
new text end
new text begin
(6) suspend or debar grantees from eligibility to receive state-issued grants for up to
three years for reasons specified in Minnesota Rules, part 1230.1150, subpart 2. A grantee
may obtain an administrative hearing pursuant to sections 14.57 to 14.62 before a suspension
or debarment is effective by filing a written request for hearing within 20 days of notification
of suspension or debarment;
new text end
new text begin
(7) establish offices for the purpose of carrying out grants governance, oversight, and
management; and
new text end
new text begin
(8) require granting agencies to submit grant solicitation documents for review prior to
issuance at dollar levels determined by the commissioner.
new text end
new text begin
This section is effective August 1, 2023.
new text end
Minnesota Statutes 2022, section 16B.97, subdivision 4, is amended to read:
(a) The commissioner shall:
(1) create general grants management policies and procedures that are applicable to all
executive agencies. The commissioner may approve exceptions to these policies and
procedures for particular grant programs. Exceptions shall expire or be renewed after five
years. Executive agencies shall retain management of individual grants programs;
(2) provide a central point of contact concerning statewide grants management policies
and procedures;
(3) serve as a resource to executive agencies in such areas as training, evaluation,
collaboration, and best practices in grants management;
(4) ensure grants management needs are considered in the development, upgrade, and
use of statewide administrative systems and leverage existing technology wherever possible;
(5) oversee and approve future professional and technical service contracts and other
information technology spending related to executive agency grants management new text beginsystems
and new text endactivities;
(6) provide a central point of contact for comments about executive agencies violating
statewide grants governance policies and about fraud and waste in grants processes;
(7) forward received comments to the appropriate agency for further action, and may
follow up as necessary;
(8) provide a single listing of all available executive agency competitive grant
opportunities and resulting grant recipients;
(9) selectively review development and implementation of executive agency grants,
policies, and practices; and
(10) selectively review executive agency compliance with best practices.
(b) The commissioner may determine that it is cost-effective for agencies to develop
and use shared grants management technology systems. This system would be governed
under section 16E.01, subdivision 3, paragraph (b).
new text begin
This section is effective August 1, 2023.
new text end
Minnesota Statutes 2022, section 16B.98, subdivision 5, is amended to read:
(a) A grant agreement deleted text beginisdeleted text endnew text begin and
amendments arenew text end not valid and deleted text beginthe state is not bound by the grantdeleted text endnew text begin do not bindnew text end unless:
(1) deleted text beginthe grant hasdeleted text endnew text begin the grant agreement and amendments havenew text end been executed by the head
of the agency or a delegate who is party to the grant;
new text begin
(2) the grant agreement and amendments have been approved by the commissioner;
new text end
deleted text begin (2)deleted text endnew text begin (3)new text end the accounting system shows an encumbrance for the amount of the grant in
accordance with policy approved by the commissioner except as provided in subdivision
11; and
deleted text begin (3)deleted text endnew text begin (4)new text end the grant agreement includes an effective date that references either section
16C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
agency.
(b) The combined grant agreement and amendments must not exceed five years without
specific, written approval by the commissioner according to established policy, procedures,
and standards, or unless the commissioner determines that a longer duration is in the best
interest of the state.
(c) A fully executed copy of the grant agreement with all amendments and other required
records relating to the grant must be kept on file at the granting agency for a time equal to
that required of grantees in subdivision 8.
(d) Grant agreements must comply with policies established by the commissioner for
minimum grant agreement standards and practices.
(e) The attorney general may periodically review and evaluate a sample of state agency
grants to ensure compliance with applicable laws.
new text begin
This section is effective April 1, 2024, and applies to grants issued
on or after that date.
new text end
Minnesota Statutes 2022, section 16B.98, subdivision 6, is amended to read:
A granting agency shall diligently administer and
monitor any grant it has entered into.new text begin A granting agency must report to the commissioner
at any time at the commissioner's request on the status of any grant to which the agency is
a party.
new text end
new text begin
This section is effective August 1, 2023, and applies to grants
issued on or after that date.
new text end
Minnesota Statutes 2022, section 16B.98, subdivision 8, is amended to read:
(a) A grant agreement made by an executive agency must include an
audit clause that provides that the books, records, documents, and accounting procedures
and practices of the grantee or other party that are relevant to the grant or transaction are
subject to examination by the new text begincommissioner, the new text endgranting agency and either the legislative
auditor or the state auditor, as appropriate, for a minimum of six years from the grant
agreement end date, receipt and approval of all final reports, or the required period of time
to satisfy all state and program retention requirements, whichever is later. If a grant agreement
does not include an express audit clause, the audit authority under this subdivision is implied.
(b) If the granting agency is a local unit of government, and the governing body of the
local unit of government requests that the state auditor examine the books, records,
documents, and accounting procedures and practices of the grantee or other party according
to this subdivision, the granting agency shall be liable for the cost of the examination. If
the granting agency is a local unit of government, and the grantee or other party requests
that the state auditor examine all books, records, documents, and accounting procedures
and practices related to the grant, the grantee or other party that requested the examination
shall be liable for the cost of the examination.
new text begin
This section is effective August 1, 2023, and applies to grants
issued on or after that date.
new text end
Minnesota Statutes 2022, section 16B.98, is amended by adding a subdivision to
read:
new text begin
(a) The head of the agency or delegate entering into a
grant agreement in excess of $25,000 must submit a report to the commissioner who must
make the report publicly available online.
new text end
new text begin
(b) The report must:
new text end
new text begin
(1) summarize the purpose of the grant;
new text end
new text begin
(2) state the amount provided to the grantee; and
new text end
new text begin
(3) include a written performance evaluation of the work done under the grant. The
evaluation must include an appraisal of the grantee's timeliness, quality, and overall
performance in meeting the terms and objectives of the grant. Grantees may request copies
of evaluations prepared under this subdivision and may respond in writing. Grantee responses
must be maintained with the grant file.
new text end
new text begin
This section is effective April 1, 2024, and applies to grants issued
on or after that date.
new text end
Minnesota Statutes 2022, section 16B.991, is amended to read:
Each grant agreement subject to sections 16B.97
and 16B.98 must provide that the agreement will immediately be terminated if the recipient
is convicted of a criminal offense relating to a state grant agreement.
new text begin
A grant agreement must by its terms permit the commissioner to
unilaterally terminate the grant agreement prior to completion if the commissioner determines
that further performance under the grant agreement would not serve agency purposes or is
not in the best interests of the state.
new text end
Minnesota Statutes 2022, section 43A.08, subdivision 1, is amended to read:
Unclassified positions are held by employees
who are:
(1) chosen by election or appointed to fill an elective office;
(2) heads of agencies required by law to be appointed by the governor or other elective
officers, and the executive or administrative heads of departments, bureaus, divisions, and
institutions specifically established by law in the unclassified service;
(3) deputy and assistant agency heads and one confidential secretary in the agencies
listed in subdivision 1a deleted text beginand in the Office of Strategic and Long-Range Planningdeleted text end;
(4) the confidential secretary to each of the elective officers of this state and, for the
secretary of state and state auditor, an additional deputy, clerk, or employee;
(5) intermittent help employed by the commissioner of public safety to assist in the
issuance of vehicle licenses;
(6) employees in the offices of the governor and of the lieutenant governor and one
confidential employee for the governor in the Office of the Adjutant General;
(7) employees of the Washington, D.C., office of the state of Minnesota;
(8) employees of the legislature and of legislative committees or commissions; provided
that employees of the Legislative Audit Commission, except for the legislative auditor, the
deputy legislative auditors, and their confidential secretaries, shall be employees in the
classified service;
(9) presidents, vice-presidents, deans, other managers and professionals in academic
and academic support programs, administrative or service faculty, teachers, research
assistants, and student employees eligible under terms of the federal Economic Opportunity
Act work study program in the Perpich Center for Arts Education and the Minnesota State
Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in connection with the business
administration of these institutions;
(10) officers and enlisted persons in the National Guard;
(11) attorneys, legal assistants, and three confidential employees appointed by the attorney
general or employed with the attorney general's authorization;
(12) judges and all employees of the judicial branch, referees, receivers, jurors, and
notaries public, except referees and adjusters employed by the Department of Labor and
Industry;
(13) members of the State Patrol; provided that selection and appointment of State Patrol
troopers must be made in accordance with applicable laws governing the classified service;
(14) examination monitors and intermittent training instructors employed by the
Departments of Management and Budget and Commerce and by professional examining
boards and intermittent staff employed by the technical colleges for the administration of
practical skills tests and for the staging of instructional demonstrations;
(15) student workers;
(16) executive directors or executive secretaries appointed by and reporting to any
policy-making board or commission established by statute;
(17) employees unclassified pursuant to other statutory authority;
(18) intermittent help employed by the commissioner of agriculture to perform duties
relating to pesticides, fertilizer, and seed regulation;
(19) the administrators and the deputy administrators at the State Academies for the
Deaf and the Blind; and
(20) chief executive officers in the Department of Human Services.
Minnesota Statutes 2022, section 43A.18, subdivision 6, is amended to read:
Total compensation plans for
unclassified employees of the legislature and of legislative commissions shall be determined
by the legislature consistent with chapter 3new text begin and consistent with terms and conditions of
employment under applicable collective bargaining agreementsnew text end, provided that insurance
benefits for these employees and for legislators shall be determined by the Legislative
Coordinating Commission, consistent with sections 43A.22 to 43A.30. Total compensation
plans for unclassified employees of the judicial branch shall be determined by the appointing
authority, unless other law provides a different method for establishing this compensation.
Judicial branch compensation plans shall be consistent with sections 43A.22 to 43A.30.
Minnesota Statutes 2022, section 145.951, is amended to read:
The commissioner of health, in consultation with the commissioners of education;
corrections; public safety; and human services, and with the deleted text begindirectorsdeleted text endnew text begin directornew text end of deleted text beginthe Office
of Strategic and Long-Range Planning,deleted text end the Council on Disabilitydeleted text begin,deleted text end and the councils and
commission under sections 3.922, 3.9221, and 15.0145, may develop an implementation
plan for the establishment of a statewide program to assist families in developing the full
potential of their children. The program must be designed to strengthen the family, to reduce
the risk of abuse to children, and to promote the long-term development of children in their
home environments. The program must also be designed to use volunteers to provide support
to parents, and to link parents with existing public health, education, and social services as
appropriate.
Minnesota Statutes 2022, section 155A.23, subdivision 8, is amended to read:
A "manager" is any person who is a cosmetologist, esthetician,
advanced practice esthetician,new text begin hair technician,new text end nail technician practitioner, or eyelash
technician deleted text beginpractitionerdeleted text end, and who has a manager license and provides any services under that
license, as defined in subdivision 3.
Minnesota Statutes 2022, section 155A.23, subdivision 18, is amended to read:
A "practitioner" is any person licensednew text begin as an operator or managernew text end
in the practice of cosmetology, esthiology,new text begin hair technology services,new text end nail technology services,
or eyelash technology services.
Minnesota Statutes 2022, section 155A.23, is amended by adding a subdivision
to read:
new text begin
A "hair technician" is any person who, for compensation,
performs personal services for the cosmetic care of the hair on the scalp. Hair technician
services include cutting the hair and the application of dyes, bleach, reactive chemicals,
keratin, or other preparations to color or alter the structure of the hair. A person who only
performs hairstyling as defined by subdivision 19, is not a hair technician.
new text end
new text begin
This section is effective on or after July 1, 2024.
new text end
Minnesota Statutes 2022, section 155A.27, subdivision 1, is amended to read:
A person must hold an individual license to practice in the
state as a cosmetologist, esthetician,new text begin hair technician,new text end nail technician, eyelash technician,
advanced practice esthetician, manager, or instructor.
Minnesota Statutes 2022, section 155A.27, subdivision 5a, is amended to read:
The board shall establish temporary licenses
for a cosmetologist,new text begin hair technician,new text end nail technician, and esthetician in accordance with
section 197.4552.
Minnesota Statutes 2022, section 155A.27, subdivision 10, is amended to read:
(a) A nonresident cosmetologist,new text begin hair technician,new text end nail
technician, deleted text beginordeleted text end esthetician may be licensed in Minnesota if the individual has completed
cosmetology school in a state or country with the same or greater school hour requirements,
has an active license in that state or country, and has passed a board-approved theory and
practice-based examination, the Minnesota-specific written operator examination for
cosmetologist,new text begin hair technician,new text end nail technician, deleted text beginordeleted text end esthetician. If a test is used to verify the
qualifications of trained cosmetologists, the test should be translated into the nonresident's
native language within the limits of available resources. Licenses shall not be issued under
this subdivision for managers or instructors.
(b) If an individual has less than the required number of school hours, the individual
must have had a current active license in another state or country for at least three years and
have passed a board-approved theory and practice-based examination, and the
Minnesota-specific written operator examination for cosmetologist,new text begin hair technician,new text end nail
technician, deleted text beginordeleted text end esthetician. If a test is used to verify the qualifications of trained
cosmetologists, the test should be translated into the nonresident's native language within
the limits of available resources. Licenses must not be issued under this subdivision for
managers or instructors.
(c) Applicants claiming training and experience in a foreign country shall supply official
English-language translations of all required documents from a board-approved source.
new text begin
An applicant for a hair technician license must be at
least 17 years of age.
new text end
new text begin
A complete application for a hair technician license must include
the following:
new text end
new text begin
(1) a completed application form;
new text end
new text begin
(2) payment of the fees required by section 155A.25;
new text end
new text begin
(3) passing test results achieved no more than one year before the submission of the
application of the following board-approved tests for the license for a hair technician:
new text end
new text begin
(i) the general theory test;
new text end
new text begin
(ii) the written practical test; and
new text end
new text begin
(iii) the test on Minnesota Laws and Rules related to providing hair technician services;
and
new text end
new text begin
(4) proof of completion of training in the form of the original course completion certificate
with the notarized signatures of the school manager or owner documenting the successful
completion of the required training under subdivision 3. If the completed training is more
than five years old, a skills course certificate no more than one year old must also be
submitted.
new text end
new text begin
Hair technician training must be completed at a Minnesota-licensed
cosmetology school. The training must consist of 800 hours of coursework and planned
clinical instruction and experience that includes:
new text end
new text begin
(1) the first 300 hours of the hair technology course that includes:
new text end
new text begin
(i) student orientation;
new text end
new text begin
(ii) preclinical instruction in the theory of sciences, including:
new text end
new text begin
(A) muscle and bone structure and function;
new text end
new text begin
(B) properties of the hair and scalp;
new text end
new text begin
(C) disorders and diseases of the hair and scalp;
new text end
new text begin
(D) chemistry as related to hair technology; and
new text end
new text begin
(E) electricity and light related to the practice of hair technology;
new text end
new text begin
(iii) theory and preclinical instruction on client and service safety prior to students
offering services;
new text end
new text begin
(iv) introductory service skills that are limited to the observation of an instructor
demonstration, student use of mannequins, or student-to-student application of basic services
related to hair technology;
new text end
new text begin
(v) Minnesota statutes and rules pertaining to the regulation of hair technology;
new text end
new text begin
(vi) health and safety instruction that includes:
new text end
new text begin
(A) chemical safety;
new text end
new text begin
(B) safety data sheets;
new text end
new text begin
(C) personal protective equipment (PPE);
new text end
new text begin
(D) hazardous substances; and
new text end
new text begin
(E) laws and regulations related to health and public safety; and
new text end
new text begin
(vii) infection control to protect the health and safety of the public and technician that
includes:
new text end
new text begin
(A) disinfectants;
new text end
new text begin
(B) disinfectant procedures;
new text end
new text begin
(C) cleaning and disinfection;
new text end
new text begin
(D) single use items;
new text end
new text begin
(E) storage of tools, implements, and linens; and
new text end
new text begin
(F) other implements and equipment used in salons and schools;
new text end
new text begin
(2) 200 hours in hair cutting and styling that includes hair and scalp analysis, cleaning,
scalp and hair conditioning, hair design and shaping, drying, arranging, curling, dressing,
waving, and nonchemical straightening; and
new text end
new text begin
(3) 300 hours in chemical hair services that includes hair and scalp analysis, dying,
bleaching, reactive chemicals, keratin, hair coloring, permanent straightening, permanent
waving, predisposition and strand tests, safety precautions, chemical mixing, color
formulation, and the use of dye removers.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 155A.271, subdivision 1, is amended to read:
(a) To qualify for license renewal
under this chapter as an individual cosmetologist,new text begin hair technician,new text end nail technician, esthetician,
advanced practice esthetician, eyelash technician, or salon manager, the applicant must
complete four hours of continuing education credits from a board-approved continuing
education provider during the three years prior to the applicant's renewal date. One credit
hour of the requirement must include instruction pertaining to state laws and rules governing
the practice of cosmetology. Three credit hours must include instruction pertaining to health,
safety, and infection control matters consistent with the United States Department of Labor's
Occupational Safety and Health Administration standards applicable to the practice of
cosmetology, or other applicable federal health, infection control, and safety standards, and
must be regularly updated so as to incorporate newly developed standards and accepted
professional best practices. Credit hours earned are valid for three years and may be applied
simultaneously to all individual licenses held by a licensee under this chapter.
(b) deleted text beginEffective August 1, 2017,deleted text end In addition to the hours of continuing education credits
required under paragraph (a), to qualify for license renewal under this chapter as an individual
cosmetologist,new text begin hair technician,new text end nail technician, esthetician, advanced practice esthetician,
or salon manager, the applicant must also complete a four credit hour continuing education
course from a board-approved continuing education provider based on any of the following
within the licensee's scope of practice:
(1) product chemistry and chemical interaction;
(2) proper use and maintenance of machines and instruments;
(3) business management, professional ethics, and human relations; or
(4) techniques relevant to the type of license held.
Credits are valid for three years and must be completed with a board-approved provider of
continuing education during the three years prior to the applicant's renewal date and may
be applied simultaneously to other individual licenses held as applicable, except that credits
completed under this paragraph must not duplicate credits completed under paragraph (a).
(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license,
or an inactive license.
Minnesota Statutes 2022, section 155A.29, subdivision 1, is amended to read:
A person must not offer cosmetology services for compensation
unless the services are provided by a licensee in a licensed salon or as otherwise provided
in this section. deleted text beginEach salon must be licensed as a cosmetology salon, a nail salon, esthetician
salon, advanced practice esthetician salon, or eyelash extension salon. A salon may hold
more than one type of salon license.
deleted text end
Minnesota Statutes 2022, section 179A.01, is amended to read:
(a) It is the public policy of this state and the purpose of sections 179A.01 to 179A.25
to promote orderly and constructive relationships between all public employers and their
employees. This policy is subject to the paramount right of the citizens of this state to keep
inviolate the guarantees for their health, education, safety, and welfare.
(b) The relationships between the public, public employees, and employer governing
bodies involve responsibilities to the public and a need for cooperation and employment
protection which are different from those found in the private sector. The importance or
necessity of some services to the public can create imbalances in the relative bargaining
power between public employees and employers. As a result, unique approaches to
negotiations and resolutions of disputes between public employees and employers are
necessary.
(c) Unresolved disputes between the public employer and its employees are injurious
to the public as well as to the parties. Adequate means must be established for minimizing
them and providing for their resolution. Within these limitations and considerations, the
legislature has determined that overall policy is best accomplished by:
(1) granting public employees certain rights to organize and choose freely their
representatives;
(2) requiring public employers to meet and negotiate with public employees in an
appropriate bargaining unit and providing that the result of bargaining be in written
agreements; and
(3) establishing special rights, responsibilities, procedures, and limitations regarding
public employment relationships which will provide for the protection of the rights of the
public employee, the public employer, and the public at large.
deleted text begin
(d) Nothing in sections 179A.01 to 179A.25 impairs, modifies, or alters the authority
of the legislature to establish rates of pay, or retirement or other benefits for its employees.
deleted text end
Minnesota Statutes 2022, section 179A.03, subdivision 15, is amended to read:
(a) "Public employer" or "employer" means:
(1) the state of Minnesota for employees of the state not otherwise provided for in this
subdivision or section 179A.10 for executive branch employees;
(2) the Board of Regents of the University of Minnesota for its employees;
(3) the state court administrator for court employees;
(4) new text beginthe secretary of the senate for senate employees, the chief clerk of the house of
representatives for employees of the house of representatives, and the executive director of
the Legislative Coordinating Commission for employees of the joint offices and commissions;
new text end
new text begin (5) new text endthe state Board of Public Defense for its employees;
deleted text begin (5)deleted text endnew text begin (6)new text end Hennepin Healthcare System, Inc.; and
deleted text begin (6)deleted text endnew text begin (7)new text end notwithstanding any other law to the contrary, the governing body of a political
subdivision or its agency or instrumentality which has final budgetary approval authority
for its employees. However, the views of elected appointing authorities who have standing
to initiate interest arbitration, and who are responsible for the selection, direction, discipline,
and discharge of individual employees shall be considered by the employer in the course
of the discharge of rights and duties under sections 179A.01 to 179A.25.
(b) When two or more units of government subject to sections 179A.01 to 179A.25
undertake a project or form a new agency under law authorizing common or joint action,
the employer is the governing person or board of the created agency. The governing official
or body of the cooperating governmental units shall be bound by an agreement entered into
by the created agency according to sections 179A.01 to 179A.25.
(c) "Public employer" or "employer" does not include a "charitable hospital" as defined
in section 179.35, subdivision 2, except that a charitable hospital as defined by section
179.35, subdivision 2, is a public employer for purposes of sections 179A.051, 179A.052,
and 179A.13.
(d) Nothing in this subdivision diminishes the authority granted pursuant to law to an
appointing authority with respect to the selection, direction, discipline, or discharge of an
individual employee if this action is consistent with general procedures and standards relating
to selection, direction, discipline, or discharge which are the subject of an agreement entered
into under sections 179A.01 to 179A.25.
Minnesota Statutes 2022, section 307.08, is amended to read:
It is a declaration and statement of legislative
intent that all human burials, human remains, and human burial grounds shall be accorded
equal treatment and respect for human dignity without reference to their ethnic origins,
cultural backgrounds, or religious affiliations. The provisions of this section shall apply to
all human burials, human remains, or human burial grounds found on or in all public or
private lands or waters in Minnesota.new text begin Within the boundaries of Tribal Nation reservations,
nothing in this section should be interpreted to conflict with federal law, including the Native
American Graves Protection and Repatriation Act (NAGPRA), United States Code, title
25, section 3001 et seq., and its implementing regulations, Code of Federal Regulations,
title 43, part 10.
new text end
(a) A person who intentionally, willfully, and
knowingly does any of the following is guilty of a felony:
(1) destroys, mutilates, or injures human burials or human burial grounds; or
(2) without the consent of the appropriate authority, disturbs human burial grounds or
removes human remains.
(b) A person who, without the consent of the appropriate authority and the landowner,
intentionally, willfully, and knowingly does any of the following is guilty of a gross
misdemeanor:
(1) removes any tombstone, monument, or structure placed in any public or private
cemetery or authenticated human burial ground; or
(2) removes any fence, railing, or other work erected for protection or ornament, or any
tree, shrub, or plant or grave goods and artifacts within the limits of a public or private
cemetery or authenticated human burial ground; or
(3) discharges any firearms upon or over the grounds of any public or private cemetery
or authenticated burial ground.
Upon the agreement of the appropriate authority and the
landowner, an authenticated or recorded human burial ground may be posted for protective
purposes every 75 feet around its perimeter with signs listing the activities prohibited by
subdivision 2 and the penalty for violation of it. Posting is at the discretion of the Indian
affairs council in the case of new text beginAmerican new text endIndian burials or at the discretion of the state
archaeologist in the case of deleted text beginnon-Indiandeleted text endnew text begin non-American Indiannew text end burials. This subdivision does
not require posting of a burial ground. The size, description, location, and information on
the signs used for protective posting must be approved by the appropriate authority and the
landowner.
deleted text begin
The state
archaeologist shall authenticate all burial grounds for purposes of this section. The state
archaeologist may retain the services of a qualified professional archaeologist, a qualified
physical anthropologist, or other appropriate experts for the purpose of gathering information
that the state archaeologist can use to authenticate or identify burial grounds. If probable
Indian burial grounds are to be disturbed or probable Indian remains analyzed, the Indian
Affairs Council must approve the professional archaeologist, qualified anthropologist, or
other appropriate expert. Authentication is at the discretion of the state archaeologist based
on the needs identified in this section or upon request by an agency, a landowner, or other
appropriate authority.
deleted text end
new text begin
(a) Cemeteries shall be assessed according to this subdivision.
new text end
new text begin
(b) The state archaeologist shall implement and maintain a system of records identifying
the location of known, recorded, or suspected cemeteries. The state archaeologist shall
provide access to the records as provided in subdivision 11.
new text end
new text begin
(c) The cemetery condition assessment of non-American Indian cemeteries is at the
discretion of the state archaeologist based on the needs identified in this section or upon
request by an agency, a landowner, or other appropriate authority.
new text end
new text begin
(d) The cemetery condition assessment of American Indian cemeteries is at the discretion
of the Indian Affairs Council based on the needs identified in this section or upon request
by an agency, a landowner, or other appropriate authority. If the Indian Affairs Council has
possession or takes custody of remains they may follow United States Code, title 25, sections
3001 to 3013.
new text end
new text begin
(e) The cemetery condition assessment of cemeteries that include American Indian and
non-American Indian remains or include remains whose ancestry cannot be determined
shall be assessed at the discretion of the state archaeologist in collaboration with the Indian
Affairs Council based on the needs identified in this section or upon request by an agency,
a landowner, or other appropriate authority.
new text end
new text begin
(f) The state archaeologist and the Indian Affairs Council shall have 90 days from the
date a request is received to begin a cemetery condition assessment or provide notice to the
requester whether or not a condition assessment of a cemetery is needed.
new text end
new text begin
(g) The state archaeologist and the Indian Affairs Council may retain the services of a
qualified professional archaeologist, a qualified forensic anthropologist, or other appropriate
experts for the purpose of gathering information that the state archaeologist or the Indian
Affairs Council can use to assess or identify cemeteries.
new text end
The cost of deleted text beginauthenticationdeleted text endnew text begin condition assessmentnew text end, recording,
surveying, and marking burial grounds and the cost of identification, analysis, rescue, and
reburial of human remains on public lands or waters shall be the responsibility of the state
or political subdivision controlling the lands or waters. On private lands or waters these
costs deleted text beginshalldeleted text endnew text begin maynew text end be borne by the state, deleted text beginbut may be borne bydeleted text endnew text begin ornew text end the landowner upon mutual
agreement with the state. deleted text beginThe state archaeologist must make the data collected for this
activity available using standards adopted by the Department of Information Technology
Services and geospatial technology standards and guidelines published by the Minnesota
Geospatial Information Office. Costs associated with this data delivery must be borne by
the state.
deleted text end
new text begin(a) new text endAll unidentified human
remains or burials found outside of recorded cemeteries or unplatted graves or burials found
within recorded cemeteries and in contexts which indicate antiquity greater than 50 years
shall be new text begintreated with the utmost respect for all human dignity and new text enddealt with according to
the provisions of this section.
new text begin (b)new text end If such burials are not new text beginAmerican new text endIndian or their ethnic identity cannot be ascertained,
as determined by the state archaeologist, they shall be dealt with in accordance with
provisions established by the state archaeologist and other appropriate authority.
new text begin (c)new text end If such burials are new text beginAmerican new text endIndian, as determined by the state archaeologistnew text begin and
Indian Affairs Councilnew text end, efforts shall be made deleted text beginby the state archaeologist and the Indian Affairs
Council to ascertain their tribal identity. If their probable tribal identity can be determined
and the remains have been removed from their original context, such remains shall be turned
over to contemporary tribal leaders for disposition. If tribal identity cannot be determined,
the Indian remains must be dealt with in accordance with provisions established by the state
archaeologist and the Indian Affairs Council if they are from public land. If removed Indian
remains are from private land they shall be dealt with in accordance with provisions
established by the Indian Affairs Council. If it is deemed desirable by the state archaeologist
or the Indian Affairs Council, removed remains shall be studied in a timely and respectful
manner by a qualified professional archaeologist or a qualified physical anthropologist
before being delivered to tribal leaders or before being reburieddeleted text endnew text begin to follow procedures as
defined in United States Code, title 25, section 3001 et seq., and its implementing regulations,
Code of Federal Regulations, title 43, part 10, within reservation boundaries. For burials
outside of reservation boundaries, the procedures defined in United States Code, title 25,
section 3001 et seq., and its implementing regulations, Code of Federal Regulations, title
43, part 10, are at the discretion of the Indian Affairs Councilnew text end.
Application by a landowner for permission to
develop or disturb nonburial areas within deleted text beginauthenticateddeleted text endnew text begin assessednew text end or recorded burial grounds
shall be made tonew text begin:
new text end
new text begin (1)new text end the state archaeologist and other appropriate authority in the case of deleted text beginnon-Indiandeleted text endnew text begin
non-American Indiannew text end burialsnew text begin;new text end and deleted text beginto
deleted text end
new text begin (2)new text end the Indian Affairs Council and other appropriate authority in the case of new text beginAmerican
new text end Indian burials.
new text begin (b)new text end Landowners with deleted text beginauthenticateddeleted text endnew text begin assessednew text end or suspected human burial grounds on their
property are obligated to inform prospective buyers of the burial ground.
No deleted text beginnon-Indiandeleted text endnew text begin non-American Indiannew text end burial ground
may be relocated without the consent of the appropriate authority. No new text beginAmerican new text endIndian
burial ground may be relocated unless the request to relocate is approved by the Indian
Affairs Council. When a burial ground is located on public lands or waters, any burial
relocations must be duly licensed under section 138.36 and the cost of removal is the
responsibility of and shall be paid by the state or political subdivision controlling the lands
or waters. If burial grounds are deleted text beginauthenticateddeleted text endnew text begin assessednew text end on private lands, efforts may be made
by the state to purchase and protect them instead of removing them to another location.
new text begin
(a) The state archaeologist and the Indian Affairs
Council shall enter into a memorandum of understanding to coordinate their responsibilities
under this section.
new text end
new text begin (b) new text endThe Department of Natural Resources, the Department of Transportation, and all
other state agencies and local governmental units whose activities may be affected, shall
cooperate with the state archaeologist and the Indian Affairs Council to carry out the
provisions of this section.
When human burials are known
or suspected to exist, on public lands or waters, the state or political subdivision controlling
the lands or waters or, in the case of private lands, the landowner or developer, shall submit
construction and development plans to the state archaeologist for review deleted text beginprior to the time
bids are advertiseddeleted text endnew text begin before plans are finalizednew text end and prior to any disturbance within the burial
area. If the known or suspected burials are thought to be new text beginAmerican new text endIndian, plans shall also
be submitted to the Indian Affairs Council. The state archaeologist and the Indian Affairs
Council shall review the plans within deleted text begin30deleted text endnew text begin 45new text end days of receipt and make recommendations for
the preservation in place or removal of the human burials or remains, which may be
endangered by construction or development activities.
new text begin(a) new text endBurial sites deleted text beginlocational and related data maintained bydeleted text endnew text begin
data under the authority ofnew text end the Office of the State Archaeologist deleted text beginand accessible through the
office's "Unplatted Burial Sites and Earthworks in Minnesota" websitedeleted text endnew text begin or Indian Affairs
Councilnew text end are security information for purposes of section 13.37. Persons who gain access to
deleted text begin the data maintained on the sitedeleted text endnew text begin this datanew text end are subject to liability under section 13.08 and the
penalty established by section 13.09 if they improperly use or further disseminate the data.new text begin
Use of this information must be approved by the appropriate authority.
new text end
The state archaeologist new text beginor designee new text endmay enter on property for
the purpose of deleted text beginauthenticatingdeleted text endnew text begin assessingnew text end burial sites. new text beginThe Indian Affairs Council or a
designated representative of the Indian Affairs Council may enter on property for the purpose
of assessing or identifying American Indian cemeteries. new text endOnly after obtaining permission
from the property owner or lessee, descendants of persons buried in burial grounds covered
by this section may enter the burial grounds for the purpose of conducting religious or
commemorative ceremonies. This right of entry must not unreasonably burden property
owners or unnecessarily restrict their use of the property.
As used in this section, the following terms have the meanings
given.
(a) "Abandoned cemetery" means a cemetery where the cemetery association has
disbanded or the cemetery is neglected and contains marked graves older than 50 years.
(b) "Appropriate authority" means:
(1) the trustees when the trustees have been legally defined to administer burial grounds;
(2) the Indian Affairs Council in the case of new text beginAmerican new text endIndian burial grounds lacking
trustees;
(3) the county board in the case of abandoned cemeteries under section 306.243; and
(4) the state archaeologist in the case of deleted text beginnon-Indiandeleted text endnew text begin non-American Indiannew text end burial grounds
lacking trustees or not officially defined as abandoned.
(c) "Artifacts" means natural or artificial articles, objects, implements, or other items of
archaeological interest.
(d) deleted text begin"Authenticate"deleted text endnew text begin "Assess"new text end means to establish the presence of or high potential of human
burials or human skeletal remains being located in a discrete areadeleted text begin, delimit the boundaries
of human burial grounds or graves,deleted text end and attempt to determine the ethnic, cultural, or religious
affiliation of individuals interred.
(e) "Burial" means the organic remnants of the human body that were intentionally
interred as part of a mortuary process.
(f) "Burial ground" means a discrete location that is known to contain or has high potential
to contain human remains based on physical evidence, historical records, or reliable informant
accounts.
(g) "Cemetery" means a discrete location that is known to contain or intended to be used
for the interment of human remains.
(h) "Disturb" means any activity that deleted text beginsignificantlydeleted text end harms the physical integrity or setting
of a human burial or human burial ground.
(i) "Grave goods" means objects or artifacts directly associated with human burials or
human burial grounds that were placed as part of a mortuary ritual at the time of interment.
(j) "Human remains" means the deleted text begincalcified portion of the humandeleted text end bodynew text begin of a deceased person
in whole or in part, regardless of the state of decompositionnew text end, not including isolated teethdeleted text begin,
or cremated remains deposited in a container or discrete featuredeleted text end.
(k) "Identification" means to analyze organic materials to attempt to determine if they
represent human remains and to attempt to establish the ethnic, cultural, or religious
affiliations of such remains.
(l) "Marked" means a burial that has a recognizable tombstone or obvious grave marker
in place or a legible sign identifying an area as a burial ground or cemetery.
(m) "Qualified physical anthropologist" means a specialist in identifying human remains
who holds an advanced degree in anthropology or a closely related field.
(n) "Qualified professional archaeologist" means an archaeologist who meets the United
States Secretary of the Interior's professional qualification standards in Code of Federal
Regulations, title 36, part 61, appendix A, or subsequent revisions.
(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county
recorder's office.
(p) "State" or "the state" means the state of Minnesota or an agency or official of the
state acting in an official capacity.
(q) "Trustees" means the recognized representatives of the original incorporators, board
of directors, or cemetery association.
new text begin
(r) "Person" means a natural person or a business and includes both if the natural person
is engaged in a business.
new text end
new text begin
(s) "Business" means a contractor, subcontractor, supplier, consultant, or provider of
technical, administrative, or physical services organized as a sole proprietorship, partnership,
association, corporation, or other entity formed for the purpose of doing business for profit.
new text end
Minnesota Statutes 2022, section 381.12, subdivision 2, is amended to read:
The county board of any county may levy a tax upon all
the taxable property in the county for the purpose of defraying the expense incurred, or to
be incurrednew text begin, less any amount received from the public system monument grant program
under section 381.125,new text end for:
(1) the preservation and restoration of monuments under this section;
(2) the preservation or establishment of control monuments for mapping activities;
(3) the modernization of county land records through the use of parcel-based land
management systems; or
(4) the establishment of geographic (GIS), land (LIS), management (MIS) information
systems.
new text begin
The chief geospatial information officer, through the
Geospatial Advisory Council established under section 16E.30, subdivision 8, shall work
with the stakeholders licensed as land surveyors under section 326.02, to develop a process
for accepting applications from counties for funding for the perpetuation of monuments
established by the United States in the public lands survey to mark public land survey
corners, as provided in section 381.12, subdivision 2, clause (1). Grants may also be used
to update records and data regarding monuments. The chief geospatial information officer
must establish criteria for prioritizing applicants when resources available for grants are not
sufficient to award grants to all applicants. The criteria must favor providing grants to
counties that demonstrate financial need for assistance.
new text end
new text begin
By October 1, in each odd-numbered year, the chief information officer
must submit a report to the chairs and ranking minority members of the committees in the
senate and the house of representatives with jurisdiction over state government and local
government. The report must include the following:
new text end
new text begin
(1) a summary of the chief information officer activities regarding administration of this
grant program for the previous fiscal year, including the amount of money requested and
disbursed by county;
new text end
new text begin
(2) an assessment of the progress toward completion of necessary monument restoration
and certification by county; and
new text end
new text begin
(3) a forecast of the amount needed to complete monument recertification in all counties.
new text end
new text begin
No nonstate match is required for grants made under this
program.
new text end
Laws 2023, chapter 5, section 1, is amended by adding an effective date to read:
new text begin
This section is effective the day following final enactment.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Laws 2023, chapter 5, section 2, is amended by adding an effective date to read:
new text begin
This section is effective the day following final enactment.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The State Emblems Redesign Commission is established.
The purpose of the commission is to develop and adopt a new design for the official state
flag and the official state seal no later than January 1, 2024.
new text end
new text begin
(a) The commission consists of the following members:
new text end
new text begin
(1) three members of the public, appointed by the governor;
new text end
new text begin
(2) one member appointed by the Council for Minnesotans of African Heritage;
new text end
new text begin
(3) one member appointed by the Minnesota Council on Latino Affairs;
new text end
new text begin
(4) one member appointed by the Council on Asian-Pacific Minnesotans;
new text end
new text begin
(5) one member representing the Dakota community and one member representing the
Ojibwe community, appointed by the executive board of the Indian Affairs Council;
new text end
new text begin
(6) the secretary of state or the secretary's designee;
new text end
new text begin
(7) the executive director of the Minnesota Historical Society or the director's designee;
new text end
new text begin
(8) the chair of the Capitol Area Architectural and Planning Board or the chair's designee;
new text end
new text begin
(9) the chair of the Minnesota Arts Board or the chair's designee; and
new text end
new text begin
(10) the executive director of Explore Minnesota Tourism or the director's designee.
new text end
new text begin
(b) The following serve as ex officio, nonvoting members of the commission: (1) two
members of the house of representatives, one each appointed by the speaker of the house
and the minority leader of the house; and (2) two members of the senate, one representing
the majority caucus appointed by the senate majority leader and one representing the minority
caucus appointed by the senate minority leader.
new text end
new text begin
(c) Appointments to the commission must be made no later than August 1, 2023. The
voting members of the commission shall elect a chair and vice-chair. An appointee designated
by the governor shall convene the commission's first meeting. Decisions of the commission
must be made by majority vote. The Minnesota Historical Society must provide office space
and administrative support to the commission.
new text end
new text begin
Meetings of the commission are subject to Minnesota Statutes,
chapter 13D.
new text end
new text begin
The commission
shall develop and adopt a new design for the official state seal and a new design for the
official state flag. The designs must accurately and respectfully reflect Minnesota's shared
history, resources, and diverse cultural communities. Symbols, emblems, or likenesses that
represent only a single community or person, regardless of whether real or stylized, may
not be included in a design. The commission may solicit and secure the voluntary service
and aid of vexillologists and other persons who have either technical or artistic skill in flag
construction and design, or the design of official seals, to assist in the work. The commission
must also solicit public feedback and suggestions to inform its work.
new text end
new text begin
The commission shall certify its adopted designs in a report to the
legislature and governor no later than January 1, 2024. The commission's report must
describe the symbols and other meanings incorporated in the design.
new text end
new text begin
The commission expires upon submission of its report.
new text end
new text begin
A legislative task force is established to:
new text end
new text begin
(1) review and develop state resources for an aging demographic;
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new text begin
(2) identify and prioritize necessary support for an aging population through statewide
and local endeavors for people to remain in their communities; and
new text end
new text begin
(3) ensure all aging-related state policies are inclusive of race, gender, ethnicity, culture,
sexual orientation, abilities, and other characteristics that reflect the full population of the
state.
new text end
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The task force shall review:
new text end
new text begin
(1) all current aging-related governmental functions, programs, and services across all
state departments;
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(2) the current plans to improve health and support services workforce demographics;
new text end
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(3) current public and private strategies to:
new text end
new text begin
(i) support family caregivers for older adults;
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new text begin
(ii) define and support quality of care and life improvements in long-term care and home
care; and
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new text begin
(iii) sustain neighborhoods and communities for an aging population;
new text end
new text begin
(4) the necessity for planning and investment in aging in Minnesota to address:
new text end
new text begin
(i) the longevity economy and the impact it has on the workforce, advancing technology,
and innovations;
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new text begin
(ii) housing options, land use, transportation, social services, and the health systems;
new text end
new text begin
(iii) availability of safe, affordable rental housing for aging tenants; and
new text end
new text begin
(iv) coordination between health services and housing supports;
new text end
new text begin
(5) coordination across all state agencies, Tribal Nations, cities, and counties to encourage
resolution of aging related concerns; and
new text end
new text begin
(6) from this review, determine the governmental entity to plan, lead, and implement
these recommended policies and funding for aging Minnesotans across the state.
new text end
new text begin
(a) The task force shall include the following members:
new text end
new text begin
(1) two members from the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
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new text begin
(2) two members from the senate, one appointed by the majority leader and one appointed
by the minority leader;
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new text begin
(3) the chair of the Minnesota Board on Aging, or a board member as designee;
new text end
new text begin
(4) the chair of the Minnesota Council on Disability, or an agency employee as designee;
new text end
new text begin
(5) the chair of the Minnesota Indian Affairs Council, or a council member, except the
legislative council member, as designee; and
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new text begin
(6) the director of the University of Minnesota Center for Healthy Aging and Innovation,
or a University of Minnesota employee as a designee.
new text end
new text begin
(b) The speaker of the house and the senate majority leader shall appoint a chair and a
vice-chair for the membership of the task force. The chair and the vice-chair shall rotate
after each meeting.
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new text begin
(a) The task force shall meet at least once per month. The meetings
shall take place in person in the Capitol complex, provided that the chair may direct that a
meeting be conducted electronically if doing so would facilitate public testimony or would
protect the health or safety of members of the task force.
new text end
new text begin
(b) The task force shall invite input from the public, the leadership of advocacy groups,
and provider organizations.
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new text begin
(c) The chair designated by the speaker of the house shall convene the first meeting of
the task force no later than August 1, 2023.
new text end
new text begin
Members serving on the task force shall receive the
following per diem:
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(1) the Board on Aging task force member who is a volunteer citizen member shall
receive the per diem listed in Minnesota Statutes, section 15.059, subdivision 3;
new text end
new text begin
(2) the Council on Disability task force member shall not receive a per diem;
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new text begin
(3) the Indian Affairs Council task force member who is a citizen member shall receive
the per diem listed in Minnesota Statutes, section 15.059, subdivision 3;
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new text begin
(4) the University of Minnesota task force member shall not receive a per diem; and
new text end
new text begin
(5) legislative members of the task force shall not receive a per diem.
new text end
new text begin
The task force shall submit a report with recommendations to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
and human services finance and policy and state government by January 15, 2025.
new text end
new text begin
The task force expires January 31, 2025.
new text end
new text begin
This section is effective July 1, 2023, or when the legislative
leaders required to make appointments to the task force name appointees beginning the day
after final enactment.
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new text begin
The governor and legislature must make initial appointments to the Youth Advisory
Council under Minnesota Statutes, section 15.0146, no later than August 1, 2023. The
commissioner of administration must convene the first meeting of the council no later than
September 15, 2023.
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new text begin
The governor and legislature must make initial appointments to the Council on LGBTQIA
Minnesotans under Minnesota Statutes, section 15.0147, no later than August 1, 2023. The
commissioner of administration must convene the first meeting of the council no later than
September 15, 2023.
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new text begin
The commissioner of administration must assess the viability of implementing a single
grants management system for executive agencies. If the results of the study determine an
enterprise system is feasible, the study will further include:
new text end
new text begin
(1) an analysis of available technology options;
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new text begin
(2) recommended changes to the state's organizational model, operational controls, and
processes;
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(3) staffing and other resource needs;
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(4) high-level system requirements;
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(5) estimated costs; and
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(6) an implementation roadmap.
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new text begin
The commissioner of administration must review
the unique issues faced by small agencies other than departments of the state as defined in
section 15.01. These include boards, commissions, councils, task forces, and authorities.
The study will assess whether the current support model provides adequate support for the
agencies as well as their volunteer board members. The study will also examine how other
states support their small agencies and provide recommendations on how to most effectively
support these small agencies in their delivery of important functions of government.
new text end
new text begin
By February 1, 2024, the commissioner of administration must submit
the findings and recommendations of the study to the governor and the chairs and ranking
minority members of the legislative committees with primary jurisdiction over state
government.
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new text begin
The salaries of the governor, lieutenant governor, attorney general, secretary of state,
and state auditor shall be increased by nine percent effective July 1, 2023. The salaries of
the governor, lieutenant governor, attorney general, secretary of state, and state auditor shall
be increased by 7.5 percent effective July 1, 2024.
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new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Grant" means a grant or business subsidy funded by an appropriation in this act.
new text end
new text begin
(c) "Grantee" means a business entity as defined in Minnesota Statutes, section 5.001.
new text end
new text begin
Before
an agency awards a competitive, legislatively named, single-source, or sole-source grant,
the agency must assess the risk that a grantee cannot or would not perform the required
duties. In making this assessment, the agency must review the following information:
new text end
new text begin
(1) the grantee's history of performing duties similar to those required by the grant,
whether the size of the grant requires the grantee to perform services at a significantly
increased scale, and whether the size of the grant will require significant changes to the
operation of the grantee's organization;
new text end
new text begin
(2) for a grantee that is a nonprofit organization, the grantee's Form 990 or Form 990-EZ
filed with the Internal Revenue Service in each of the prior three years. If the grantee has
not been in existence long enough or is not required to file Form 990 or Form 990-EZ, the
grantee must demonstrate to the grantor's satisfaction that the grantee is exempt and must
instead submit the grantee's most recent board-reviewed financial statements and
documentation of internal controls;
new text end
new text begin
(3) for a for-profit business, three years of federal and state tax returns, current financial
statements, certification that the business is not under bankruptcy proceedings, and disclosure
of any liens on its assets. If a business has not been in business long enough to have three
years of tax returns, the grantee must demonstrate to the grantor's satisfaction that the grantee
has appropriate internal financial controls;
new text end
new text begin
(4) evidence of registration and good standing with the secretary of state under Minnesota
Statutes, chapter 317A, or other applicable law;
new text end
new text begin
(5) if the grantee's total annual revenue exceeds $750,000, the grantee's most recent
financial audit performed by an independent third party in accordance with generally accepted
accounting principles; and
new text end
new text begin
(6) certification, provided by the grantee, that none of its principals have been convicted
of a financial crime.
new text end
new text begin
The agency may require additional
information and must provide enhanced oversight for grants that have not previously received
state or federal grants for similar amounts or similar duties and so have not yet demonstrated
the ability to perform the duties required under the grant on the scale required.
new text end
new text begin
An agency without adequate resources or
experience to perform obligations under this section may contract with the commissioner
of administration to perform the agency's duties under this section.
new text end
new text begin
If an agency determines that there is
an appreciable risk that a grantee receiving a competitive, single-source, or sole-source
grant cannot or would not perform the required duties under the grant agreement, the agency
must notify the grantee and the commissioner of administration and give the grantee an
opportunity to respond to the agency's concerns. If the grantee does not satisfy the agency's
concerns within 45 days, the agency must not award the grant.
new text end
new text begin
If an agency determines that there is an
appreciable risk that a grantee receiving a legislatively named grant cannot or would not
perform the required duties under the grant agreement, the agency must notify the grantee,
the commissioner of administration, and the chairs and ranking minority members of the
Ways and Means Committee in the house of representatives, the chairs and ranking minority
members of the Finance Committee in the senate, and the chairs and ranking minority
members of the committees in the house of representatives and the senate with primary
jurisdiction over the bill in which the money for the grant was appropriated. The agency
must give the grantee an opportunity to respond to the agency's concerns. If the grantee
does not satisfy the agency's concerns within 45 days, the agency must delay award of the
grant until adjournment of the next regular or special legislative session.
new text end
new text begin
If a grantee will disburse the money received from the grant to
other organizations to perform duties required under the grant agreement, the agency must
be a party to agreements between the grantee and a subgrantee. Before entering agreements
for subgrants, the agency must perform the financial review required under this section with
respect to the subgrantees.
new text end
new text begin
The requirements of this section are in addition to other requirements
imposed by law; the commissioner of administration under Minnesota Statutes, sections
16B.97 and 16B.98; or agency grant policy.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 124D.957,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, sections 4A.01; 4A.04; 4A.06; 4A.07; 4A.11; and 124D.23,
subdivision 9,
new text end
new text begin
are repealed.
new text end
new text begin
(c)
new text end
new text begin
Laws 2014, chapter 287, section 25, as amended by Laws 2015, chapter 77, article
2, section 78,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2022, section 16E.01, subdivision 1a, is amended to read:
The department shall provide oversight, leadership, and
direction for information and telecommunications technology policy and the management,
delivery, accessibility, and security of executive branch information and telecommunications
technology systems and services in Minnesota. The department shall new text beginpartner with executive
branch state agencies to new text endmanage strategic investments in information and telecommunications
technology systems and services to ensure sufficient access to and efficient delivery of
accessible government services and to maximize benefits for the state government as an
enterprise.
Minnesota Statutes 2022, section 16E.01, is amended by adding a subdivision to
read:
new text begin
The commissioner may appoint a deputy, assistant
commissioners, and a confidential secretary. Each serves at the commissioner's pleasure in
the unclassified service.
new text end
Minnesota Statutes 2022, section 16E.01, subdivision 3, is amended to read:
(a) The department shall:
(1) manage the efficient and effective use of available federal, state, local, and
public-private resources to develop statewide information and telecommunications technology
systems and services and its infrastructure;
(2) approve state agency and intergovernmental information and telecommunications
technology systems and services development efforts involving state or intergovernmental
funding, including federal funding, provide information to the legislature regarding projects
reviewed, and recommend projects for inclusion in the governor's budget under section
16A.11;
(3) promote cooperation and collaboration among state and local governments in
developing intergovernmental information and telecommunications technology systems
and services;
(4) cooperate and collaborate with the legislative and judicial branches in the development
of information and communications systems in those branches, as requested;
deleted text begin
(5) continue the development of North Star, the state's official comprehensive online
service and information initiative;
deleted text end
deleted text begin (6)deleted text endnew text begin (5)new text end promote and coordinate public information access and network initiatives,
consistent with chapter 13, to connect Minnesota's citizens and communities to each other,
to their governments, and to the world;
deleted text begin (7)deleted text endnew text begin (6)new text end manage and promote the regular and periodic reinvestment in the information
and telecommunications technology systems and services infrastructure so that state and
local government agencies can effectively and efficiently serve their customers;
deleted text begin (8)deleted text endnew text begin (7)new text end facilitate the cooperative development of and ensure compliance with standards
and policies for information and telecommunications technology systems and services and
electronic data practices and privacy within the executive branch;
deleted text begin (9)deleted text endnew text begin (8)new text end eliminate unnecessary duplication of existing information and telecommunications
technology systems and services provided by state agencies;
deleted text begin (10)deleted text endnew text begin (9)new text end identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations;
deleted text begin (11)deleted text endnew text begin (10)new text end ensure overall security of the state's information and technology systems and
services; and
deleted text begin (12)deleted text endnew text begin (11)new text end manage and direct compliance with accessibility standards for informational
technology, including hardware, software, websites, online forms, and online surveys.
(b) The chief information officer, in consultation with the commissioner of management
and budget, must determine when it is cost-effective for agencies to develop and use shared
information deleted text beginand telecommunicationsdeleted text end technology systemsnew text begin, platforms,new text end and services for the
delivery of deleted text beginelectronicdeleted text endnew text begin digitalnew text end government services. The chief information officer may require
agencies to use shared information and telecommunications technology systems and services.
The chief information officer shall establish reimbursement rates in cooperation with the
commissioner of management and budget to be billed to agencies and other governmental
entities sufficient to cover the actual development, operating, maintenance, and administrative
costs of the shared systems. The methodology for billing may include the use of interagency
agreements, or other means as allowed by law.
(c) A state agency that has an information and telecommunications technology project,
whether funded as part of the biennial budget or by any other means, shall register with the
department by submitting basic project startup documentation as specified by the chief
information officer in both format and content. State agency project leadersnew text begin, in accordance
with policies and standards set forth by the chief information officer,new text end must demonstrate that
the project will be properly managed, provide updates to the project documentation as
changes are proposed, and regularly report on the current status of the project on a schedule
agreed to with the chief information officer. The chief information officer has the authority
to define a project for the purposes of this chapter.
(d) The chief information officer shall monitor progress on any active information and
telecommunications technology project with a total expected project cost of more than
$5,000,000 and report on the performance of the project in comparison with the plans for
the project in terms of time, scope, and budget. The chief information officer may conduct
an independent project audit of the project. The audit analysis and evaluation of the projects
subject to paragraph (c) must be presented to agency executive sponsors, the project
governance bodies, and the chief information officer. All reports and responses must become
part of the project record.
(e) For any active information and telecommunications technology project with a total
expected project cost of more than $10,000,000, the state agency must perform an annual
independent audit that conforms to published project audit principles adopted by the
department.
(f) The chief information officer shall report by January 15 of each year to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over the department regarding projects the department has reviewed under paragraph (a),
clause (10). The report must include deleted text beginthe reasons for the determinations made in the review
of each project and a description of its current status.deleted text endnew text begin:
new text end
new text begin
(1) each project in the IT portfolio whose status is either active or on hold;
new text end
new text begin
(2) each project presented to the office for consultation in the time since the last report;
new text end
new text begin
(3) the information technology cost associated with the project;
new text end
new text begin
(4) the current status of the information technology project;
new text end
new text begin
(5) the date the information technology project is expected to be completed; and
new text end
new text begin
(6) the projected costs for ongoing support and maintenance after the project is complete.
new text end
Minnesota Statutes 2022, section 16E.016, is amended to read:
(a) The chief information officer is responsible for providing or entering into managed
services contracts for the provision, improvement, deleted text beginanddeleted text end developmentnew text begin, and lifecycle
managementnew text end of the following information technology systems and services to state agencies:
(1) state data centers;
(2) mainframes including system software;
(3) servers including system software;
(4) desktops including system software;
(5) laptop computers including system software;
(6) a data network including system software;
(7) database, electronic mail, office systems, reporting, and other standard software
tools;
(8) business application software and related technical support services;
(9) help desk for the components listed in clauses (1) to (8);
(10) maintenance, problem resolution, and break-fix for the components listed in clauses
(1) to (8);
(11) regular upgrades deleted text beginanddeleted text endnew text begin,new text end replacementnew text begin, and lifecycle managementnew text end for the components
listed in clauses (1) to (8); and
(12) network-connected output devices.
(b) All state agency employees whose work primarily involves functions specified in
paragraph (a) are employees of the Department of Information Technology Services. This
includes employees who directly perform the functions in paragraph (a), as well as employees
whose work primarily involves managing, supervising, or providing administrative services
or support services to employees who directly perform these functions. The chief information
officer may assign employees of the department to perform work exclusively for another
state agency.
(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a
state agency to obtain services specified in paragraph (a) through a contract with an outside
vendor when the chief information officer and the agency head agree that a contract would
provide best value, as defined in section 16C.02, under the service-level agreement. The
chief information officer must require that agency contracts with outside vendors ensure
that systems and services are compatible with standards established by the Department of
Information Technology Services.
(d) The Minnesota State Retirement System, the Public Employees Retirement
Association, the Teachers Retirement Association, the State Board of Investment, the
Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio
Board are not state agencies for purposes of this section.
Minnesota Statutes 2022, section 16E.03, subdivision 2, is amended to read:
The chief information officer shall:
(1) design a deleted text beginmasterdeleted text endnew text begin strategicnew text end plan for information and telecommunications technology
systems and services in the state and shall report on the plan to the governor and legislature
at the beginning of each regular session;
(2) coordinate, review, and approve all information and telecommunications technology
projects and oversee the state's information and telecommunications technology systems
and services;
(3) establish and enforce compliance with standards for information and
telecommunications technology systems and services that are cost-effective and support
open systems environments and that are compatible with state, national, and international
standards, including accessibility standards;
(4) maintain a library of systems and programs developed by the state for use by agencies
of government;
(5) direct and manage the shared operations of the state's information and
telecommunications technology systems and services; and
(6) establish and enforce standards and ensure acquisition of hardware deleted text beginanddeleted text endnew text begin,new text end softwarenew text begin,
and servicesnew text end necessary to protect data and systems in state agency networks connected to
the Internet.
Minnesota Statutes 2022, section 16E.14, subdivision 4, is amended to read:
new text begin(a) new text endThe commissioner of management and budget shall make
appropriate transfers to the revolving fund when requested by the chief information officer.
The chief information officer may make allotments and encumbrances in anticipation of
such transfers. In addition, the chief information officer, with the approval of the
commissioner of management and budget, may require an agency to make advance payments
to the revolving fund sufficient to cover the office's estimated obligation for a period of at
least 60 days. All reimbursements and other money received by the chief information officer
under this section must be deposited in the MNIT services revolving fund.
new text begin
(b) Each biennium, the commissioner of management and budget is authorized to provide
cash flow assistance of up to $60,000,000 from the special revenue fund or other statutory
general fund as defined in section 16A.671, subdivision 3, paragraph (a), to the Department
of Information Technology Services for the purpose of managing revenue and expenditure
differences. These funds shall be repaid with interest by the end of the closing period of the
second fiscal year of the same biennium.
new text end
Minnesota Statutes 2022, section 16E.21, subdivision 1, is amended to read:
The information and
telecommunications technology systems and services account is created in the special
revenue fund. Receipts credited to the account are appropriated to the Department of
Information Technology Services for the purpose of defraying the costs of personnel and
technology for activities that create government efficienciesnew text begin, secure state systems, or address
project or product backlogsnew text end in accordance with this chapter.
Minnesota Statutes 2022, section 16E.21, subdivision 2, is amended to read:
(a) Upon agreement of the participating agency, the Department of
Information Technology Services may collect a charge or receive a fund transfer under
section 16E.0466 for purchases of information and telecommunications technology systems
and services by state agencies and other governmental entities through state contracts for
purposes described in subdivision 1. Charges collected under this section must be credited
to the information and telecommunications technology systems and services account.
(b) Notwithstanding section 16A.28, subdivision 3, any unexpended operating balance
appropriated to a state agency may be transferred to the information and telecommunications
technology systems and services account for the information technology cost of a specific
project, new text beginproduct, or services, new text endsubject to the review of the Legislative Advisory Commission
under subdivision 3.
new text begin
The Department of IT
Services may make grants to political subdivisions to support addressing cybersecurity risks
and cybersecurity threats to information systems owned or operated by, or on behalf of,
state, local, or Tribal governments, as provided in section 70612 of Public Law 117-58.
new text end
new text begin
The political subdivision receiving a grant must provide
for the remainder of the costs of the project that exceed available state match appropriated
funds, or that exceed goals defined in the statewide cybersecurity plan.
new text end
new text begin
The department may set criteria for program priorities and standards
of review.
new text end
new text begin
Minnesota Statutes 2022, section 16E.0466, subdivision 2,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2022, section 43A.01, subdivision 2, is amended to read:
It is the policy of
this state to provide for equal employment opportunity consistent with chapter 363A by
ensuring that all personnel actions be based on the ability to perform the duties and
responsibilities assigned to the position without regard to age, race, creed or religion, color,
disability, sex, national origin, marital status, status with regard to public assistance, or
political affiliation. It is the policy of this state to take affirmative action to eliminate the
underutilization of qualified members of protected groups in the civil service, where such
action is not in conflict with other provisions of this chapter or chapter 179, in order to
correct imbalances and eliminate the deleted text beginpresentdeleted text end effects of deleted text beginpastdeleted text end discriminationnew text begin and support full
and equal participation in the social and economic life in the state. Heads of departments
and agencies must provide training to managers and supervisors that are responsible for
hiring and evaluating employee performance regarding bias that can be present in the hiring
and performance evaluation processesnew text end.
No contract executed pursuant to chapter 179A shall modify, waive or abridge this
section and sections 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent
expressly permitted in those sections.
Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
read:
new text begin
"Accommodation fund" means the fund created under
section 16B.4805 for reimbursing state agencies for eligible expenses incurred in providing
reasonable accommodations to state employees with disabilities.
new text end
Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
read:
new text begin
"Americans With Disabilities Act" or
"ADA" means the Americans with Disabilities Act of 1990, as amended, United States
Code title 42, sections 12101 to 12117.
new text end
Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
read:
new text begin
"Digital accessibility" means information and
communication technology, including products, devices, services, and content that are
designed and built so people with disabilities can use or participate in them, as defined by
the accessibility standard adopted under section 16E.03, subdivision 9. Any statutory
reference to accessible or accessibility in the context of information and communication
technology includes digital accessibility.
new text end
Minnesota Statutes 2022, section 43A.02, is amended by adding a subdivision to
read:
new text begin
"Reasonable accommodation" has the meaning
given under section 363A.08, subdivision 6.
new text end
Minnesota Statutes 2022, section 43A.04, subdivision 1a, is amended to read:
It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of
other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public
participation in the business of government;
new text begin
(5) ensure that all technology utilized is accessible to employees and provided in a timely
manner as described in sections 363A.42 and 363A.43 and the accessibility standards under
section 16E.03, subdivisions 2, clause (3), and 9;
new text end
deleted text begin (5)deleted text endnew text begin (6)new text end utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;
deleted text begin (6)deleted text endnew text begin (7)new text end report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section 16A.10,
subdivision 1; deleted text beginand
deleted text end
deleted text begin (7)deleted text endnew text begin (8)new text end recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the departmentdeleted text begin.deleted text endnew text begin; and
new text end
new text begin
(9) endeavor to use equitable and inclusive practices to attract and recruit protected class
employees; actively eliminate discrimination against protected group employees; and ensure
equitable access to development and training, advancement, and promotional opportunities.
new text end
Minnesota Statutes 2022, section 43A.04, subdivision 4, is amended to read:
The commissioner shall develop administrative
procedures, which are not subject to the rulemaking provisions of the Administrative
Procedure Act, to effect provisions of chapter 43A which do not directly affect the rights
of or processes available to the general public. The commissioner may also adopt
administrative procedures, not subject to the Administrative Procedure Act, which concern
topics affecting the general public if those procedures concern only the internal management
of the department or other agencies and if those elements of the topics which affect the
general public are the subject of department rules.
Administrative procedures shall be reproduced and made available for commentnew text begin in
accessible digital formats under section 16E.03new text end to agencies, employees, and appropriate
exclusive representatives certified pursuant to sections 179A.01 to 179A.25, for at least 15
days prior to implementation and shall include but are not limited to:
(1) maintenance and administration of a plan of classification for all positions in the
classified service and for comparisons of unclassified positions with positions in the classified
service;
(2) procedures for administration of collective bargaining agreements and plans
established pursuant to section 43A.18 concerning total compensation and the terms and
conditions of employment for employees;
(3) procedures for effecting all personnel actions internal to the state service such as
processes and requirements for agencies to publicize job openings and consider applicants
who are referred or nominate themselves, conduct of selection procedures limited to
employees, noncompetitive and qualifying appointments of employees and leaves of absence;
(4) maintenance and administration of employee performance appraisal, training and
other programs; and
(5) procedures for pilots of the reengineered employee selection process. Employment
provisions of this chapter, associated personnel rules adopted under subdivision 3, and
administrative procedures established under clauses (1) and (3) may be waived for the
purposes of these pilots. The pilots may affect the rights of and processes available to
members of the general public seeking employment in the classified service. The
commissioner will provide public notice of any pilot directly affecting the rights of and
processes available to the general public and make the administrative procedures available
for comment to the general public, agencies, employees, and appropriate exclusive
representatives certified pursuant to sections 179A.01 to 179A.25 for at least 30 days prior
to implementation.new text begin The commissioner must publish the public notice in an accessible digital
format under section 16E.03. The commissioner must provide a comment process that allows
the public to submit comments through multiple formats to ensure accessibility. These
formats must include telephone, digital content, and email.
new text end
Minnesota Statutes 2022, section 43A.04, subdivision 7, is amended to read:
The commissioner shall issue a written report by February 1 and
August 1 of each year to the chair of the Legislative Coordinating Commission. The report
must list the number of appointments made under each of the categories in section 43A.15,
the number made to the classified service other than under section 43A.15, and the number
made under section 43A.08, subdivision 2a, during the six-month periods ending June 30
and December 31, respectively.new text begin The report must be posted online and must be accessible
under section 16E.03. The commissioner shall advertise these reports in multiple formats
to ensure broad dissemination.
new text end
Minnesota Statutes 2022, section 43A.09, is amended to read:
The commissioner in cooperation with appointing authorities of all state agencies shall
maintain an active recruiting program publicly conducted and designed to attract sufficient
numbers of well-qualified people to meet the needs of the civil service, and to enhance the
image and public esteem of state service employment. Special emphasis shall be given to
recruitment of veterans and protected group membersnew text begin, including qualified individuals with
disabilities,new text end to assist state agencies in meeting affirmative action goals to achieve a balanced
work force.new text begin All technology and digital content related to recruiting and hiring shall be
accessible to people with disabilities.
new text end
Minnesota Statutes 2022, section 43A.10, subdivision 2a, is amended to read:
new text begin(a) new text endThe commissioner shall establish and maintain
a database of applicants for state employment. The commissioner shall establish, publicize,
and enforce minimum requirements for deleted text beginapplication.deleted text endnew text begin applications, and shall ensure that:
new text end
new text begin
(1) all postings shall be written so as to be relevant to the duties of the job and be
nondiscriminatory;
new text end
new text begin (2)new text end the appointing authority deleted text beginshall enforcedeleted text endnew text begin enforcesnew text end the established minimum requirements
for applicationnew text begin;
new text end
new text begin (3) the 700-hour on-the-job demonstration experience is considered an alternative,
noncompetitive hiring process for classified positions new text endfor new text beginqualified new text endindividuals deleted text beginwho express
interest directly to the appointing authority.deleted text endnew text begin with disabilities; and
new text end
new text begin
(4) hiring managers and others involved in the selection process are aware of the
accommodation fund under section 16B.4805 to ensure that people with disabilities obtain
timely and appropriate accommodations within the hiring process and the state agency can
request reimbursement.
new text end
new text begin
(b) The commissioner shall ensure that all online application processes and all digital
content relating to the database referenced in paragraph (a) shall be accessible for people
with disabilities.
new text end
Minnesota Statutes 2022, section 43A.10, subdivision 7, is amended to read:
Upon request, the commissioner or
appointing authority shall provide deleted text beginselection processdeleted text endnew text begin reasonablenew text end accommodations to deleted text beginan
applicant with a disability that does not prevent performance of the duties of the position.
The accommodations must provide an opportunity to fairly assess the ability of the applicant
to perform the duties of the position notwithstanding the disability but must preserve, to the
extent feasible, the validity of the selection process and equitable comparison of results
with the results of competitors without disabilities.deleted text endnew text begin a qualified applicant with a disability
to ensure full participation in the selection process, including use of the accommodation
fund under section 16B.4805 during the selection process. The commissioner must ensure
that each agency head is aware of the accommodation fund and its critical function of
removing cost considerations from interview selection decisions.
new text end
Minnesota Statutes 2022, section 43A.14, is amended to read:
All appointments to the classified service shall be based upon merit and ability to perform
the duties of the position and the needs of the employing agency, including the need to
achieve and maintain a representative work forcenew text begin, including representation of people with
disabilitiesnew text end. For employees in a bargaining unit as defined in section 179A.10 appointments
shall be subject to applicable provisions of collective bargaining agreements.
Minnesota Statutes 2022, section 43A.15, subdivision 14, is amended to read:
(a) The commissioner shall deleted text beginestablishdeleted text endnew text begin consult with the Department of Employment
and Economic Development's Vocational Rehabilitation Services and State Services for the
Blind and other disability experts in establishing, reviewing, and modifying thenew text end qualifying
procedures for applicants whose disabilities are of such a significant nature that the applicants
are unable to demonstrate their abilities in the selection process. The qualifying procedures
must consist of up to 700 hours of on-the-job deleted text begintrial workdeleted text endnew text begin demonstrationnew text end experience. deleted text beginUp to
three persons with significant disabilities and their job coach may be allowed to demonstrate
their job competence as a unit through the on-the-job trial work experience selection
procedure. Thisdeleted text endnew text begin The 700-hournew text end on-the-job demonstration deleted text beginprocess must be limited to applicants
for whom there is no reasonable accommodation in the selection processdeleted text endnew text begin experience is an
alternative, noncompetitive hiring process for qualified applicants with disabilities. All
permanent executive branch classified positions are eligible for a 700-hour on-the-job
demonstration experience, and all permanent classified job postings must provide information
regarding the on-the-job demonstration overview and certification processnew text end.
(b) The commissioner may authorize the probationary appointment of an applicant based
on the request of the appointing authority that documents that the applicant has successfully
demonstrated qualifications for the position through completion of an on-the-job deleted text begintrial workdeleted text endnew text begin
demonstrationnew text end experience. new text beginA qualified applicant should be converted to permanent,
probationary appointments at the point in the 700-hour on-the-job experience when the
applicant has demonstrated the ability to perform the essential functions of the job with or
without reasonable accommodation. new text endThe implementation of this subdivision may not be
deemed a violation of chapter 43A or 363A.
new text begin
(c) The commissioner and the ADA and disability employment director, described in
section 43A.19, subdivision 1, paragraph (e), are responsible for the administration and
oversight of the 700-hour on-the-job demonstration experience, including the establishment
of policies and procedures, data collection and reporting requirements, and compliance.
new text end
new text begin
(d) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the 700-hour on-the-job demonstration experience. All executive
leaders, managers, supervisors, human resources professionals, affirmative action officers,
and ADA coordinators must receive annual training on the program.
new text end
new text begin
(e) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the 700-hour on-the-job
demonstration experience under this subdivision and supported work program under section
43A.421, subdivision 2.
new text end
new text begin
(f) An appointing authority must make reasonable accommodations in response to a
request from an applicant with a disability, including providing accommodations in a timely
manner during the application and hiring process and throughout the 700-hour on-the-job
demonstration experience. Requirements for accessibility for public records under section
363A.42, continuing education under section 363A.43, and technology under section 16E.03,
subdivision 2, clauses (3) and (9), apply to an agency filling an appointment during the
application and hiring process and through the on-the-job demonstration experience period.
new text end
Minnesota Statutes 2022, section 43A.15, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner shall annually collect
enterprise-wide statistics on the 700-hour on-the-job demonstration experience under
subdivision 14. The statistics collected and reported annually must include:
new text end
new text begin
(1) the number of certifications submitted, granted, and rejected;
new text end
new text begin
(2) the number of applicants interviewed, appointed, and converted to probationary
status;
new text end
new text begin
(3) the number of employees retained after one year in state employment;
new text end
new text begin
(4) the number of employees with terminated appointments and the reason for termination;
new text end
new text begin
(5) the average length of time in an on-the-job demonstration appointment;
new text end
new text begin
(6) the number and category of entity certifications; and
new text end
new text begin
(7) by department or agency, the number of appointments and hires and the number of
managers and supervisors trained.
new text end
new text begin
(b) The commissioner shall administer an annual survey of participants in the 700-hour
on-the-job demonstration experience who are hired and those who are not hired, as well as
the managers of participants in the 700-hour on-the-job demonstration experience.
new text end
new text begin
(c) The commissioner must consult at least annually with the Department of Employment
and Economic Development's Vocational Rehabilitation Services and State Services for the
Blind and other disability experts to review the survey results, assess program satisfaction,
and recommend areas for continuous improvement.
new text end
new text begin
(d) The commissioner shall annually publish a report on the department's website that
includes the data described in paragraph (a), survey results described in paragraph (b), and
recommendations for continuous improvement described in paragraph (c).
new text end
Minnesota Statutes 2022, section 43A.19, subdivision 1, is amended to read:
(a) To assure that positions in
the executive branch of the civil service are equally accessible to all qualified persons, and
to eliminate the deleted text beginunderutilization of qualified members of protected groupsdeleted text endnew text begin effects of past
and present discrimination, intended or unintended, on the basis of protected group statusnew text end,
the commissioner shall adopt and periodically revise, if necessary, a statewide affirmative
action program. The statewide affirmative action program must consist of at least the
following:
(1) objectives, goals, and policies;
(2) procedures, standards, and assumptions to be used by agencies in the preparation of
agency affirmative action plans, including methods by which goals and timetables are
established;
(3) the analysis of separation patterns to determine the impact on protected group
members; and
(4) requirements for annual objectives and submission of affirmative action progress
reports from heads of agencies.
new text begin
Agency heads must report the data in clause (3) to the state Director of Recruitment,
Retention and Affirmative Action and the state ADA coordinator, in addition to being
available to anyone upon request. The commissioner must annually post the aggregate and
agency-level reports under clause (4) on the agency's website.
new text end
(b) The commissioner shall establish statewide affirmative action goals for each of the
federal Equal Employment Opportunity (EEO) occupational categories applicable to state
employment, using at least the following factors:
(1) the percentage of members of each protected class in the recruiting area population
who have the necessary skills; and
(2) the availability for promotion or transfer of current employees who are members of
protected classes.
(c) The commissioner may use any of the following factors in addition to the factors
required under paragraph (b):
(1) the extent of unemployment of members of protected classes in the recruiting area
population;
(2) the existence of training programs in needed skill areas offered by employing agencies
and other institutions; and
(3) the expected number of available positions to be filled.
(d) The commissioner shall designate a state director of diversity and equal employment
opportunity who may be delegated the preparation, revision, implementation, and
administration of the program. The commissioner of management and budget may place
the director's position in the unclassified service if the position meets the criteria established
in section 43A.08, subdivision 1a.
new text begin
(e) The commissioner shall designate a statewide ADA and disability employment
director. The commissioner may delegate the preparation, revision, implementation,
evaluation, and administration of the program to the director. The director must administer
the 700-hour on-the-job demonstration experience under the supported work program and
disabled veteran's employment programs. The ADA and disability employment director
shall have education, knowledge, and skills in disability policy, employment, and the ADA.
The commissioner may place the director's position in the unclassified service if the position
meets the criteria established in section 43A.08, subdivision 1a.
new text end
new text begin
(f) Agency affirmative action plans, including reports and progress, must be posted on
the agency's public and internal websites within 30 days of being approved. The
commissioner of management and budget shall post a link to all executive branch
agency-approved affirmative action plans on its public website. Accessible copies of the
affirmative action plan must be available to all employees and members of the general public
upon request.
new text end
Minnesota Statutes 2022, section 43A.191, is amended to read:
(a) Each agency with 1,000 employees or
more shall have at least one full-time affirmative action officer, who shall have primary
responsibility for developing and maintaining the agency's affirmative action plan. The
officer shall devote full time to affirmative action activities. The affirmative action officer
shall report administratively and on policy issues directly to the agency head.new text begin The affirmative
action officer shall be in the classified service.
new text end
(b) The agency heads shall assign affirmative action officers or designees for agencies
with fewer than 1,000 employees. The designees shall report administratively and on policy
issues directly to the agency head.
(c) An agency may not use authority under section 43A.08, subdivision 1a, to place the
position of an agency affirmative action officer or designee in the unclassified service.
(a) The head of each agency in the executive
branch shall prepare and implement an agency affirmative action plan consistent with this
section and rules issued under section 43A.04, subdivision 3.
(b) The agency plan must include a plan for the provision of reasonable accommodation
in the hiring and promotion of qualified deleted text begindisableddeleted text end personsnew text begin with disabilitiesnew text end. The reasonable
accommodation plan must consist of at least the following:
(1) procedures for compliance with sections 16E.03, subdivision 9, 363A.08 to 363A.19,
and 363A.28, subdivision 10, and, where appropriate, regulations implementing United
States Code, title 29, section 794, as amended through December 31, 1984, which is section
504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act,
United States Code, title 42, sections 101 to 108, 201 to 231, 241 to 246, 401, 402, and 501
to 514;
(2) methods and procedures for providingnew text begin timely access tonew text end reasonable deleted text beginaccommodation
for disabled job applicants, current employees, and employeesdeleted text endnew text begin accommodations during the
application process, throughout current employment, and whennew text end seeking promotion;
(3) provisions for funding reasonable accommodations; and
(4) the number of requests made, the number of requests approved, and the number of
requests reimbursed from the state accommodation account under section 16B.4805.
(c) The agency plan must be prepared by the agency head with the assistance of the
agency affirmative action officer and the director of diversity and equal employment
opportunity. The agency may consult with the Council on Disability, vocational rehabilitation
services, state services for the blind, and other disability experts to review and make
recommendations on recruitment and retention of people with disabilities.
(d) The agency plan must identify any positions in the agency that can be used for
supported employment as defined in section 268A.01, subdivision 13, of persons with deleted text beginseveredeleted text endnew text begin
significantnew text end disabilities. The agency shall report this information to the commissioner. An
agency that hires more than one supported worker in the identified positions must receive
recognition for each supported worker toward meeting the agency's affirmative action goals
and objectives.
(e) An agency affirmative action plan may not be implemented without the
commissioner's approval.
new text begin
(a) Each agency affirmative
action plan must include a section that provides sufficient assurances, procedures, and
commitments to provide adequate hiring, placement, and advancement opportunities for
individuals with disabilities at all levels of state employment. The criteria for this section
of the agency affirmative action plan must include a section on disability hiring and
advancement, including the provisions in this subdivision.
new text end
new text begin
(b) The plan must describe specific actions to ensure that a broad range of individuals
with disabilities will be aware of and be encouraged to apply for job vacancies when eligible.
The actions must include, at a minimum:
new text end
new text begin
(1) the use of programs and resources that identify job applicants with disabilities who
are eligible to be appointed under a hiring authority that takes disability into account,
consistent with the demonstration program under section 43A.15, subdivision 14. The
programs may include the Department of Employment and Economic Development's
Vocational Rehabilitation Services and State Services for the Blind that provide the
qualifications necessary for positions within the agency to individuals with disabilities.
Resources may include databases of individuals with disabilities who previously applied to
the agency but were not hired for the positions they applied for, and training and internship
programs that lead directly to employment for individuals with disabilities; and
new text end
new text begin
(2) establishment and maintenance of contacts, that may include formal agreements,
with organizations that specialize in providing assistance to individuals with disabilities in
securing and maintaining employment, such as the Department of Employment and Economic
Development's Vocational Rehabilitation Services, State Services for the Blind, community
rehabilitation programs, day training and habilitation programs, and employment network
service providers.
new text end
new text begin
(c) The plan must ensure that the agency has designated sufficient staff to handle any
disability-related issues that arise during the application and selection process, and shall
require the agency to provide staff with sufficient training, support, and other resources to
carry out the responsibilities under this section. Responsibilities include, at a minimum:
new text end
new text begin
(1) ensuring that disability-related questions from members of the public regarding the
agency's application and selection processes are answered promptly and correctly, including
questions about reasonable accommodations needed by job applicants during the application
and selection process and questions about how individuals may apply for positions under
hiring authorities that take disability into account;
new text end
new text begin
(2) processing requests for reasonable accommodations needed by job applicants during
the application and placement process and ensuring that the agency provides such
accommodations when required;
new text end
new text begin
(3) accepting applications for a position under hiring authorities that take disability into
account;
new text end
new text begin
(4) if an individual has applied for appointment to a particular position under a hiring
authority that takes disability into account, determining whether the individual is eligible
for appointment under such authority and if so forwarding the individual's application to
the relevant hiring officials with an explanation of how and when the individual may be
appointed, consistent with all applicable laws; and
new text end
new text begin
(5) overseeing any other agency programs designed to increase hiring of individuals
with disabilities.
new text end
(a) The commissioner shall annually audit
the record of each agency to determine the rate of compliance with affirmative action
requirements.new text begin The commissioner must report all audit findings to the governor if a state
agency fails to meet any of its affirmative action requirements for two consecutive years.
new text end
(b) By March 1 of each odd-numbered year, the commissioner shall submit a report on
affirmative action progress of each agency and the state as a whole to the governor and to
the Finance Committee of the senate, the Ways and Means Committee of the house of
representatives, the Governmental Operations Committees of both houses of the legislature,
and the Legislative Coordinating Commission. The report must include noncompetitive
appointments made under section 43A.08, subdivision 2a, or 43A.15, subdivisions 3 to 7,
10, and 12, and cover each agency's rate of compliance with affirmative action requirements.new text begin
The report must be made available to the public on the department's website.
new text end
(c) An agency that does not meet its hiring goals must justify its nonaffirmative action
hires in competitive appointments and noncompetitive appointments made under section
43A.08, subdivisions 1, clauses (9), (11), and (16), and 2a; and section 43A.15, subdivisions
3, 10, 12, and 13, according to criteria issued by the department deleted text beginof Management and Budgetdeleted text end.
In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected group members by following an
active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and procedures for measuring
compliance.
(e) An agency is encouraged to develop other innovative ways to promote awareness,
acceptance, and appreciation for diversity and affirmative action. These innovations will
be considered when evaluating an agency's compliance with this section.
(f) An agency not in compliance with affirmative action requirements of this section
must identify methods and programs to improve performance, to reallocate resources
internally in order to increase support for affirmative action programs, and to submit program
and resource reallocation proposals to the commissioner for approval. An agency must
submit these proposals within 120 days of being notified by the commissioner that it is out
of compliance with affirmative action requirements. The commissioner shall monitor
quarterly the affirmative action programs of an agency found to be out of compliance.
(g) The commissioner shall establish a program to recognize an agency that has made
significant and measurable progress in implementing an affirmative action plan.
(h) The commissioner must maintain and make available, on an annual basis, summary
data as defined in section 13.02, subdivision 19, on the percentage of members of each
protected group as defined in section 43A.02, subdivision 33, that were hired in the executive
branch in each of the federal Equal Employment Opportunity (EEO) occupational categories
applicable to state employment. Nothing in this provision, however, shall require any person
to disclose their protected group status, nor shall it require the commissioner or any
appointing authority to determine the protected group status of any person.
Minnesota Statutes 2022, section 43A.21, subdivision 1, is amended to read:
The commissionernew text begin, in coordination with the statewide
ADA and disability employment director and chief inclusion officer,new text end shall develop and
interpret policy and administer and, to the extent possible, conduct programs in training and
development for employees tonew text begin, at a minimum:
new text end
new text begin (1)new text end promote individual, group and agency efficiency and effectivenessdeleted text begin.deleted text endnew text begin;
new text end
new text begin
(2) build employee capacity to deliver accessible and inclusive services to the public,
including people with disabilities; and
new text end
new text begin
(3) support an inclusive work environment for employees with disabilities and employees
of other protected classes.
new text end
Minnesota Statutes 2022, section 43A.21, subdivision 2, is amended to read:
new text begin(a) new text endThe commissioner is responsible for developing and
coordinating consistent training policy which shall be binding on all state agencies in the
executive branch. The policies shall include conditions under which employees may receive
or be assigned to training; internships and work-training programs; minimum and maximum
training standards for employee participation and agency reporting requirements.new text begin At a
minimum, state employees must receive annual training on statutes or policies related to:
new text end
new text begin
(1) Title II of the Americans with Disabilities Act;
new text end
new text begin
(2) the state's affirmative action policy;
new text end
new text begin
(3) equal opportunity employment; and
new text end
new text begin
(4) digital accessibility standards.
new text end
new text begin (b)new text end Career development training is a permissive subject of collective bargaining. Each
appointing authority in the executive branch, including the Minnesota State Retirement
System and the Teachers Retirement Association, is primarily responsible for planning,
budgeting, conducting and evaluating training programs.
Minnesota Statutes 2022, section 43A.21, subdivision 3, is amended to read:
new text begin(a) new text endThe commissioner or the commissioner's designee shall design
and implement management training and development programs for the state service. The
programs shall include but not be limited to mandatory training and development
requirements for managers and supervisors. No person shall acquire permanent status in a
management or supervisory position in the classified service until training and development
requirements have been met.
new text begin
(b) All managers and supervisors must receive training on inclusive work environments,
disability awareness, cultural competence, and other equity and diversity areas.
new text end
new text begin
(c) Agencies shall conduct an annual Americans with Disabilities Act self-assessment
to ensure training programs meet the standards for universal design in learning.
new text end
Minnesota Statutes 2022, section 43A.21, is amended by adding a subdivision to
read:
new text begin
The commissioner must ensure that all training content and
platforms meet the accessibility standards under section 16E.03, subdivisions 2, clause (3),
and 9. Reasonable accommodations must be implemented in a timely and appropriate manner
to ensure that all state employees can participate in state-offered trainings. All state
employees, including ADA coordinators and human resources staff, must have the training
and resources to implement an accessible and inclusive workplace.
new text end
Minnesota Statutes 2022, section 43A.36, subdivision 1, is amended to read:
new text begin(a) new text endThe commissioner may delegate
administrative functions associated with the duties of the commissioner to appointing
authorities who have the capability to perform such functions when the commissioner
determines that it is in the best interests of the state civil service. The commissioner shall
consult with agencies and agencies shall cooperate as appropriate in implementation of this
chapter.
new text begin (b) new text endThe commissioner, in conjunction with appointing authorities, shall analyze and
assess current and future human resource requirements of the civil service and coordinate
personnel actions throughout the civil service to meet the requirements. The commissioner
shall provide recruiting assistance and make the applicant database available to appointing
authorities to use in making appointments to positions in the unclassified service.
new text begin (c) new text endThe head of each agency in the executive branch shall designate an agency personnel
officer. The agency personnel officer shall be accountable to the agency head for all personnel
functions prescribed by laws, rules, collective bargaining agreements, the commissioner
and the agency head. Except when otherwise prescribed by the agency head in a specific
instance, the personnel officer shall be assumed to be the authority accountable to the agency
head over any other officer or employee in the agency for personnel functions.
new text begin (d) new text endThe head of each agency in the executive branch shall designate an affirmative action
officer who shall have primary responsibility for the administration of the agency's
affirmative action plan. The officer shall report directly to the head of the agency on
affirmative action matters.
new text begin
(e) Pursuant to section 43A.431, the head of each agency in the executive branch shall
designate an ADA coordinator who shall have primary responsibility for the administration
of ADA policies, procedures, trainings, requests, and arbitration. The coordinator shall
report directly to the commissioner.
new text end
Minnesota Statutes 2022, section 43A.421, is amended to read:
deleted text beginA total of 50 full-timedeleted text endnew text begin Activenew text end positions within
agencies of state government may be selected for inclusion for a supported work program
for persons with deleted text beginseveredeleted text end new text beginsignificantnew text end disabilities. A full-time position may be shared by up to
three persons with deleted text beginseveredeleted text end new text beginsignificantnew text end disabilities and their job coach. The job coach is not
a state employee within the scope of section 43A.02, subdivision 21, or 179A.03, subdivision
14, unless the job coach holds another position within the scope of section 43A.02,
subdivision 21, or 179A.03, subdivision 14.new text begin All classified supported work job postings need
to link to the overview and application process for the supported work program.
new text end
new text begin
(a) The commissioner is responsible for the administration
and oversight of the supported work program, including the establishment of policies and
procedures, data collection and reporting requirements, and compliance.
new text end
new text begin
(b) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the supported work program. All executive leaders, managers,
supervisors, human resources professionals, affirmative action officers, and Americans with
Disabilities Act coordinators must receive annual training regarding the program.
new text end
new text begin
(c) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the program.
new text end
new text begin
(a) Each state agency shall designate at least one ADA coordinator who is responsible
for implementation of Title I of the ADA, to advance the prohibition on discrimination
against qualified individuals with disabilities in job application procedures, hiring, firing,
advancement, compensation, job training and other terms, conditions, and privileges of
employment. The ADA coordinator must have demonstrated knowledge and experience in:
new text end
new text begin
(1) the recruitment, selection, development, and retention of people with disabilities;
new text end
new text begin
(2) workforce data analysis;
new text end
new text begin
(3) disability employment laws and regulations; and
new text end
new text begin
(4) strategy development for universal and inclusive workplaces.
new text end
new text begin
(b) The ADA coordinator is responsible for overseeing the development, implementation,
monitoring, and evaluation of effective strategies to attract, engage, and advance people
with disabilities. This includes assisting employees with identifying, acquiring, and
maintaining effective accommodations and submitting reimbursement requests to the
statewide accommodation fund under section 16B.4805.
new text end
new text begin
(c) The ADA coordinator is responsible for collecting data and preparing reports to
ensure transparency and accountability and must serve as a key liaison for disability
employment and training initiatives.
new text end
new text begin
The commissioner of management and budget shall convene an advisory committee to
review and make recommendations regarding updates and clarifications to the service worker
class specifications under Minnesota Statutes, section 43A.071. By January 15, 2024, the
commissioner shall report to the legislative committees with jurisdiction over state
government employees on recommendations for changes to Minnesota Statutes, section
43A.071.
new text end
Minnesota Statutes 2022, section 16A.011, is amended by adding a subdivision
to read:
new text begin
A "transfer" means the authorization to move state money from
one fund, account, or agency to another fund, account, or agency within the state treasury.
When authorized by law, a transfer must reduce money in one fund, account, or agency and
increase the same amount to a separate fund, account, or agency.
new text end
Minnesota Statutes 2022, section 16A.103, subdivision 1, is amended to read:
In February and November each year,
the commissioner shall prepare a forecast of state revenue and expenditures. The November
forecast must be delivered to the legislature and governor no later than deleted text beginthe end of the first
week ofdeleted text end Decembernew text begin 6new text end. The February forecast must be delivered to the legislature and governor
by the end of February. Forecasts must be delivered to the legislature and governor on the
same day. If requested by the Legislative Commission on Planning and Fiscal Policy,
delivery to the legislature must include a presentation to the commission.
Minnesota Statutes 2022, section 16A.103, subdivision 1b, as amended by Laws
2023, chapter 10, section 2, is amended to read:
In determining the rate of inflation, the application of
inflation, the amount of state bonding as it affects debt service, the calculation of investment
income, and the other variables to be included in the expenditure part of the forecast, the
commissioner must consult with the chairs and lead minority members of the senate deleted text beginState
Governmentdeleted text end Finance Committee and the house of representatives Ways and Means
Committee, and legislative fiscal staff. This consultation must occur at least three weeks
before the forecast is to be released. No later than two weeks prior to the release of the
forecast, the commissioner must inform the chairs and lead minority members of the senate
deleted text begin State Governmentdeleted text end Finance Committee and the house of representatives Ways and Means
Committee, and legislative fiscal staff of any changes in these variables from the previous
forecast.
Minnesota Statutes 2022, section 16A.103, is amended by adding a subdivision to
read:
new text begin
By October 15 of each odd-numbered year, the
commissioner shall prepare a detailed fund balance analysis of the general fund for the
previous biennium. The analysis shall include a comparison to the most recent publicly
available fund balance analysis of the general fund. The commissioner shall provide this
analysis to the chairs and ranking minority members of the house of representatives Ways
and Means Committee and the senate Finance Committee, and shall post the analysis on
the agency's website.
new text end
Minnesota Statutes 2022, section 16A.152, subdivision 2, is amended to read:
(a) If on the basis of a forecast of general fund
revenues and expenditures, the commissioner of management and budget determines that
there will be a positive unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of management and budget must allocate money to the following
accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until that account reaches
$350,000,000;
(2) the budget reserve account established in subdivision 1a until that account reaches
deleted text begin $2,377,399,000deleted text endnew text begin $2,852,098,000new text end;
(3) the amount necessary to increase the aid payment schedule for school district aids
and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest
tenth of a percent without exceeding the amount available and with any remaining funds
deposited in the budget reserve;new text begin and
new text end
(4) the amount necessary to restore all or a portion of the net aid reductions under section
127A.441 and to reduce the property tax revenue recognition shift under section 123B.75,
subdivision 5, by the same amountdeleted text begin;
deleted text end
deleted text begin
(5) the amount necessary to increase the Minnesota 21st century fund by not more than
the difference between $5,000,000 and the sum of the amounts credited and canceled to it
in the previous 12 months under Laws 2020, chapter 71, article 1, section 11, until the sum
of all transfers under this section and all amounts credited or canceled under Laws 2020,
chapter 71, article 1, section 11, equals $20,000,000; and
deleted text end
deleted text begin (6) for a forecast in November only, the amount remaining after the transfer under clause
(5) must be used to reduce the percentage of accelerated June liability sales tax payments
required under section 289A.20, subdivision 4, paragraph (b), until the percentage equals
zero, rounded to the nearest tenth of a percent. By March 15 following the November
forecast, the commissioner must provide the commissioner of revenue with the percentage
of accelerated June liability owed based on the reduction required by this clause. By April
15 each year, the commissioner of revenue must certify the percentage of June liability
owed by vendors based on the reduction required by this clausedeleted text end.
(b) The amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in the case of
transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.
(c) The commissioner of management and budget shall certify the total dollar amount
of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education.
The commissioner of education shall increase the aid payment percentage and reduce the
property tax shift percentage by these amounts and apply those reductions to the current
fiscal year and thereafter.
Minnesota Statutes 2022, section 16A.97, is amended to read:
The commissioner may sell and issue debt under deleted text begineither or both of sections 16A.98 anddeleted text endnew text begin
sectionnew text end 16A.99, but the net proceeds of bonds issued and sold under deleted text beginthose sections togetherdeleted text endnew text begin
that sectionnew text end must not exceed $640,000,000 during fiscal years 2012 and 2013.
new text begin
Minnesota Statutes 2022, section 16A.98,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2022, section 8.31, subdivision 1, is amended to read:
The attorney general shall investigate violationsnew text begin and assist in the
enforcementnew text end ofnew text begin the following laws as provided in this section:
new text end
new text begin (1)new text end the law of this state respecting unfair, discriminatory, and other unlawful practices
in business, commerce, or trade, and specifically, but not exclusively, the Nonprofit
Corporation Act (sections 317A.001 to 317A.909), the Act Against Unfair Discrimination
and Competition (sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections
325D.09 to 325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67
and other laws against false or fraudulent advertising, the antidiscrimination acts contained
in section 325D.67, the act against monopolization of food products (section 325D.68), the
act regulating telephone advertising services (section 325E.39), the Prevention of Consumer
Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges
deleted text begin and assist in the enforcement of those laws as in this section provided.deleted text endnew text begin; and
new text end
new text begin
(2) section 211B.076, regulating intimidation and interference related to the performance
of duties by an election official.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 10A.01, subdivision 21, is amended to read:
(a) "Lobbyist" means an individual:
(1) engaged for pay or other consideration of more than $3,000 from all sources in any
year:
(i) for the purpose of attempting to influence legislative or administrative action, or the
official action of a deleted text beginmetropolitan governmental unitdeleted text endnew text begin political subdivisionnew text end, by communicating
or urging others to communicate with public or local officials; or
(ii) from a business whose primary source of revenue is derived from facilitating
government relations or government affairs services between two third parties; or
(2) who spends more than $250, not including the individual's own traveling expenses
and membership dues, in any year for the purpose of attempting to influence legislative or
administrative action, or the official action of a deleted text beginmetropolitan governmental unitdeleted text endnew text begin political
subdivisionnew text end, by communicating or urging others to communicate with public or local officials.
(b) "Lobbyist" does not include:
(1) a public official;
(2) an employee of the state, including an employee of any of the public higher education
systems;
(3) an elected local official;
(4) a nonelected local official or an employee of a political subdivision acting in an
official capacity, unless the nonelected official or employee of a political subdivision spends
more than 50 hours in any month attempting to influence legislative or administrative action,
or the official action of a deleted text beginmetropolitan governmental unitdeleted text endnew text begin political subdivisionnew text end other than
the political subdivision employing the official or employee, by communicating or urging
others to communicate with public or local officials, including time spent monitoring
legislative or administrative action, or the official action of a deleted text beginmetropolitan governmental
unitdeleted text endnew text begin political subdivisionnew text end, and related research, analysis, and compilation and dissemination
of information relating to legislative or administrative policy in this state, or to the policies
of deleted text beginmetropolitan governmental unitsdeleted text endnew text begin political subdivisionsnew text end;
(5) a party or the party's representative appearing in a proceeding before a state board,
commission, or agency of the executive branch unless the board, commission, or agency is
taking administrative action;
(6) an individual while engaged in selling goods or services to be paid for by public
funds;
(7) a news medium or its employees or agents while engaged in the publishing or
broadcasting of news items, editorial comments, or paid advertisements which directly or
indirectly urge official action;
(8) a paid expert witness whose testimony is requested by the body before which the
witness is appearing, but only to the extent of preparing or delivering testimony; or
(9) a party or the party's representative appearing to present a claim to the legislature
and communicating to legislators only by the filing of a claim form and supporting documents
and by appearing at public hearings on the claim.
(c) An individual who volunteers personal time to work without pay or other consideration
on a lobbying campaign, and who does not spend more than the limit in paragraph (a), clause
(2), need not register as a lobbyist.
(d) An individual who provides administrative support to a lobbyist and whose salary
and administrative expenses attributable to lobbying activities are reported as lobbying
expenses by the lobbyist, but who does not communicate or urge others to communicate
with public or local officials, need not register as a lobbyist.
new text begin
This section is effective January 1, 2024.
new text end
Minnesota Statutes 2022, section 10A.01, is amended by adding a subdivision to
read:
new text begin
"Official action of political
subdivisions" means any action that requires a vote or approval by one or more elected local
officials while acting in their official capacity; or an action by an appointed or employed
local official to make, to recommend, or to vote on, as a member of the governing body,
major decisions regarding the expenditure or investment of public money.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 10A.04, subdivision 4, is amended to read:
(a) A report under this section must include information the board
requires from the registration form and the information required by this subdivision for the
reporting period.
new text begin
(b) A lobbyist must report the specific subjects of interest for an entity represented by
the lobbyist on each report submitted under this section. A lobbyist must describe a specific
subject of interest in the report with enough information to show the particular issue of
importance to the entity represented.
new text end
deleted text begin (b)deleted text endnew text begin (c)new text end A lobbyist must report deleted text beginthe lobbyist's total disbursements on lobbying, separately
listing lobbying to influence legislative action, lobbying to influence administrative action,
and lobbying to influence the official actions of a metropolitan governmental unit, and a
breakdown of disbursements for each of those kinds of lobbying into categories specified
by the board, including but not limited to the cost of publication and distribution of each
publication used in lobbying; other printing; media, including the cost of production; postage;
travel; fees, including allowances; entertainment; telephone and telegraph; and other
expenses.deleted text endnew text begin every state agency that had administrative action that the represented entity sought
to influence during the reporting period. The lobbyist must report the specific subjects of
interest for each administrative action and the revisor of statutes rule draft number assigned
to the administrative rulemaking.
new text end
new text begin
(d) A lobbyist must report every political subdivision that considered official action that
the represented entity sought to influence during the reporting period. The lobbyist must
report the specific subjects of interest for each action.
new text end
new text begin
(e) A lobbyist must report general lobbying categories and up to four specific subjects
of interest related to each general lobbying category on which the lobbyist attempted to
influence legislative action during the reporting period. If the lobbyist attempted to influence
legislative action on more than four specific subjects of interest for a general lobbying
category, the lobbyist, in consultation with the represented entity, must determine which
four specific subjects of interest were the entity's highest priorities during the reporting
period and report only those four subjects.
new text end
new text begin
(f) A lobbyist must report the Public Utilities Commission project name for each rate
setting, power plant and powerline siting, or granting of certification of need before the
Public Utilities Commission that the represented entity sought to influence during the
reporting period.
new text end
deleted text begin (c)deleted text endnew text begin (g)new text end A lobbyist must report the amount and nature of each gift, item, or benefit,
excluding contributions to a candidate, equal in value to $5 or more, given or paid to any
official, as defined in section 10A.071, subdivision 1, by the lobbyist or an employer or
employee of the lobbyist. The list must include the name and address of each official to
whom the gift, item, or benefit was given or paid and the date it was given or paid.
deleted text begin (d)deleted text endnew text begin (h)new text end A lobbyist must report each original source of money in excess of $500 in any
year used for the purpose of lobbying to influence legislative action, administrative action,
or the official action of a deleted text beginmetropolitan governmental unitdeleted text endnew text begin political subdivisionnew text end. The list must
include the name, address, and employer, or, if self-employed, the occupation and principal
place of business, of each payer of money in excess of $500.
deleted text begin (e)deleted text endnew text begin (i)new text end On deleted text beginthedeleted text endnew text begin eachnew text end report deleted text begindue June 15deleted text end, deleted text beginthedeleted text endnew text begin anew text end lobbyist must deleted text beginprovide adeleted text endnew text begin disclose thenew text end general
deleted text begin description of the subjectsdeleted text endnew text begin lobbying categories that werenew text end lobbied new text beginon new text endin the deleted text beginprevious 12
monthsdeleted text endnew text begin reporting periodnew text end.
new text begin
This section is effective January 1, 2024.
new text end
Minnesota Statutes 2022, section 10A.04, subdivision 6, is amended to read:
(a) A principal must report to the board as required in this
subdivision by March 15 for the preceding calendar year.
(b) deleted text beginExcept as provided in paragraph (d),deleted text end The principal must report the total amountdeleted text begin,
rounded to the nearest $20,000,deleted text end spent by the principal during the preceding calendar year
deleted text begin to influence legislative action, administrative action, and the official action of metropolitan
governmental units.deleted text endnew text begin on each type of lobbying listed below:
new text end
new text begin
(1) lobbying to influence legislative action;
new text end
new text begin
(2) lobbying to influence administrative action, other than lobbying described in clause
(3);
new text end
new text begin
(3) lobbying to influence administrative action in cases of rate setting, power plant and
powerline siting, and granting of certificates of need under section 216B.243; and
new text end
new text begin
(4) lobbying to influence official action of political subdivisions.
new text end
(c) deleted text beginExcept as provided in paragraph (d),deleted text endnew text begin For each type of lobbying listed in paragraph
(b),new text end the principal must report deleted text beginunder this subdivisiondeleted text end a total amount that includes:
(1) new text beginthe portion of new text endall direct paymentsnew text begin for compensation and benefits paidnew text end by the principal
to lobbyists in this statenew text begin for that type of lobbyingnew text end;
(2) new text beginthe portion of new text endall expenditures for advertising, mailing, research,new text begin consulting, surveys,
expert testimony, studies, reports,new text end analysis, compilation and dissemination of information,new text begin
social medianew text end and public relations campaigns deleted text beginrelated to legislative action, administrative
action, or the official action of metropolitan governmental unitsdeleted text endnew text begin, and legal counsel used to
support that type of lobbyingnew text end in this state; and
(3) new text begina reasonable good faith estimate of the portion of new text endall salaries and administrativenew text begin
overheadnew text end expenses attributable to activities of the principal deleted text beginrelating to efforts to influence
legislative action, administrative action, or the official action of metropolitan governmental
unitsdeleted text endnew text begin for that type of lobbyingnew text end in this state.
deleted text begin
(d) A principal that must report spending to influence administrative action in cases of
rate setting, power plant and powerline siting, and granting of certificates of need under
section 216B.243 must report those amounts as provided in this subdivision, except that
they must be reported separately and not included in the totals required under paragraphs
(b) and (c).
deleted text end
new text begin
(d) The principal must report disbursements made and obligations incurred that exceed
$2,000 for paid advertising used for the purpose of urging members of the public to contact
public or local officials to influence official actions during the reporting period. Paid
advertising includes the cost to boost the distribution of an advertisement on social media.
The report must provide the date that the advertising was purchased, the name and address
of the vendor, a description of the advertising purchased, and any specific subjects of interest
addressed by the advertisement.
new text end
new text begin
This section is effective January 1, 2024.
new text end
Minnesota Statutes 2022, section 10A.05, is amended to read:
Within 30 days after each lobbyist filing date set by section 10A.04, the executive director
of the board must publish the names of the lobbyists registered who were not previously
reported, the names of the individuals, associations, political subdivisions, or public higher
education systems whom they represent as lobbyists, the subject or subjects on which they
are lobbying, and whether in each case they lobby to influence legislative action,
administrative action, or the official action of a deleted text beginmetropolitan governmental unitdeleted text endnew text begin political
subdivisionnew text end.
new text begin
This section is effective January 1, 2024.
new text end
Minnesota Statutes 2022, section 10A.06, is amended to read:
No person may act as or employ a lobbyist for compensation that is dependent upon the
result or outcome of any legislative or administrative action, or of the official action of a
deleted text begin metropolitan governmental unitdeleted text endnew text begin political subdivisionnew text end. A person who violates this section is
guilty of a gross misdemeanor.
new text begin
This section is effective January 1, 2024.
new text end
Minnesota Statutes 2022, section 10A.071, subdivision 1, is amended to read:
(a) The definitions in this subdivision apply to this section.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or
forgiveness of indebtedness, or a promise of future employment, that is given and received
without the giver receiving consideration of equal or greater value in return.
(c) "Official" means a public official, an employee of the legislature, or a local officialdeleted text begin
of a metropolitan governmental unitdeleted text end.
(d) "Plaque" means a decorative item with an inscription recognizing an individual for
an accomplishment.
new text begin
This section is effective January 1, 2024.
new text end
Minnesota Statutes 2022, section 201.022, subdivision 1, is amended to read:
The secretary of state shall maintain a statewide voter
registration system to facilitate voter registration and to provide a central database containing
voter registration information from around the state. The system must be accessible to the
county auditor of each county in the state. The system must also:
(1) provide for voters to submit their voter registration applications to any county auditor,
the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and maintenance of a central database for
all voter registration information;
(3) provide for entering data into the statewide registration system;
(4) provide for electronic transfer of completed voter registration applications from the
Department of Public Safety to the secretary of state or the county auditor;
(5) assign a unique identifier to each legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state
identification number, and last four digits of the Social Security number for each voter
record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add or modify information in the
system to provide for accurate and up-to-date records;
(9) allow county auditors, municipal and school district clerks, and the secretary of state
to have electronic access to the statewide registration system for review and search
capabilities;
(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the precinct to which a voter should
be assigned for voting purposes;
(13) provide daily reports accessible by county auditors on the driver's license numbers,
state identification numbers, or last four digits of the Social Security numbers submitted on
voter registration applications that have been verified as accurate by the secretary of state;
deleted text begin and
deleted text end
(14) provide reports on the number of absentee ballots transmitted to and returned and
cast by voters under section 203B.16new text begin; and
new text end
new text begin (15) provide reports necessary for early votingnew text end.
The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws
2023, chapter 12, section 2, is amended to read:
Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's email address, if provided by the voter. The
electronic voter registration application must include the voter's email address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have deleted text beginresideddeleted text endnew text begin maintained residencenew text end in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) am not currently incarcerated for a conviction of a felony offense; and
(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.091, subdivision 4a, is amended to read:
The secretary of state must maintain
a list of the voters who voted in a presidential nomination primary and the political party
each voter selected. Information maintained on the list is private data on individuals as
defined under section 13.02, subdivision 12, except that the secretary of state must provide
deleted text begin the listdeleted text end to the chair of each major political partynew text begin the list of voters who selected that partynew text end.
Minnesota Statutes 2022, section 201.145, subdivision 3, is amended to read:
(a)
deleted text begin The state court administrator must report on individuals 17 years of age or older who have
been convicted of a felony.
deleted text end
deleted text begin (b)deleted text end The commissioner of corrections must report on individuals deleted text begin17deleted text endnew text begin 16new text end years of age or
older who are currentlydeleted text begin:
deleted text end
deleted text begin (1) servingdeleted text endnew text begin incarcerated fornew text end felony sentences under the commissioner's jurisdictiondeleted text begin; or
deleted text end
deleted text begin (2) on probation for felony offenses that resulted in the loss of civil rights, as indicated
by the statewide supervision system established under section 241.065deleted text end.
deleted text begin (c)deleted text endnew text begin (b)new text end Each report under this subdivision must include the following information for
each individual: name, address or last known residential address that is not a correctional
facility, and date of birth. If available, each report must also include the individual's:
corrections' state identification number, last four digits of the Social Security number,
driver's license or state identification card number, deleted text begindate of sentence, effective date of the
sentence, county in which the conviction occurred, and date of dischargedeleted text endnew text begin and most recent
date of incarcerationnew text end.
deleted text begin (d)deleted text endnew text begin (c)new text end No later than seven calendar days after receiving a report under this subdivision,
the secretary of state must determine deleted text beginif a person identified under paragraph (a) is registered
to vote and must prepare a list of those registrants for the county auditor. No later than seven
calendar days after receiving a report under this subdivision, the secretary of state must
determinedeleted text end if any data newly indicates that a person identified under paragraph deleted text begin(b)deleted text endnew text begin (a)new text end is
registered to vote and must prepare a list of those registrants for the county auditor. No later
than seven calendar days after receiving the list from the secretary of state, the county auditor
must challenge the status on the record in the statewide voter registration system of each
individual named in the list.
deleted text begin (e)deleted text endnew text begin (d)new text end The county auditor must identify an individual who deleted text beginregistered to vote ordeleted text end voted
while deleted text beginservingdeleted text endnew text begin incarcerated fornew text end a felony sentence deleted text beginunder the commissioner's jurisdiction or
while on probation for a felony offense that resulted in the loss of civil rights during a period
when the individual's civil rights were revokeddeleted text end. The county auditor must immediately send
notice to the county attorney. The notice must include the name of the individual and any
other identifying information as well as the evidence that shows the individual deleted text beginregistered
to vote ordeleted text end voted during the period deleted text beginwhen the individual's civil rights were revokeddeleted text endnew text begin of
incarcerationnew text end.
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 201.145, subdivision 4, is amended to read:
(a) The state court administrator must
report on each individual whose guardianship was modified to restore the ward's right to
vote or whose guardianship was terminated by order of the court under section 524.5-317
after being ineligible to vote for any of the reasons specified in subdivision 2, paragraph
(a).
(b) deleted text beginThe state court administrator must report on individuals previously convicted of a
felony whose civil rights have been restored.
deleted text end
deleted text begin (c)deleted text end The commissioner of corrections must report on individuals who were deleted text beginservingdeleted text endnew text begin
incarcerated fornew text end a felony sentence under the commissioner's jurisdiction deleted text beginor who were on
probation for a felony offense under the commissioner's jurisdiction that resulted in the loss
of civil rights but who have been discharged from the sentencedeleted text endnew text begin and have been released from
incarcerationnew text end.
deleted text begin (d)deleted text endnew text begin (c)new text end Each report under this subdivision must include the following information for
each individual: name, address, date of birth, and, if available, the last four digits of the
Social Security number. For deleted text beginreportsdeleted text endnew text begin the reportnew text end required by deleted text beginparagraphsdeleted text endnew text begin paragraphnew text end (b) deleted text beginand
(c)deleted text end, deleted text begineachdeleted text endnew text begin thenew text end report must also include the individual's, if available: corrections' state
identification number, driver's license or state identification card number, date of deleted text beginsentence,
effective date of the sentencedeleted text endnew text begin incarcerationnew text end, county in which the conviction occurred, and
date of discharge.
deleted text begin (e)deleted text endnew text begin (d)new text end No later than seven calendar days after receiving a report under this subdivision,
the secretary of state must determine if a person identified under paragraph (a) deleted text beginor (b)deleted text end is
registered to vote and must prepare a list of those registrants for the county auditor. No later
than seven calendar days after receiving a report under this subdivision, the secretary of
state must determine if any data newly indicates that a person identified under paragraph
deleted text begin (c)deleted text endnew text begin (b)new text end is registered to vote and must prepare a list of those registrants for the county auditor.
No later than seven calendar days after receiving the list from the secretary of state, the
county auditor must remove the challenge status on the record in the statewide voter
registration system of each individual named in the list.
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.001, is amended to read:
The Minnesota Election Law is applicable to voting by absentee ballotnew text begin and early votingnew text end
unless otherwise provided in this chapter.
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.01, is amended by adding a subdivision
to read:
new text begin
"Early voting" means voting in person before election day as
provided in section 203B.30.
new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.03, subdivision 1, is amended to read:
(a) No individual shall intentionally:
(1) make or sign any false certificate required by this chapter;
(2) make any false or untrue statement in any application for absentee ballots;
(3) apply for absentee ballots more than once in any election with the intent to cast an
illegal ballot;
(4) exhibit a ballot marked by that individual to any other individual;
(5) do any act in violation of the provisions of this chapter for the purpose of casting an
illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
(6) use information from absentee ballot new text beginor early voting new text endmaterials or records for purposes
unrelated to elections, political activities, or law enforcement;
(7) provide assistance to an absenteenew text begin or earlynew text end voter except in the manner provided by
section 204C.15, subdivision 1;
(8) solicit the vote of an absentee voter while in the immediate presence of the voter
during the time the individual knows the absentee voter is voting; or
(9) alter an absentee ballot application after it has been signed by the voter, except by
an election official for administrative purposes.
(b) Before inspecting information from absentee ballot new text beginor early voting new text endmaterials or
records, an individual shall provide identification to the public official having custody of
the material or information.
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.05, subdivision 1, is amended to read:
The full-time clerk of any city or town shall administer the
provisions of sections 203B.04 to 203B.15 new text beginand 203B.30 new text endif:
(1) the county auditor of that county has designated the clerk to administer them; or
(2) the clerk has given the county auditor of that county notice of intention to administer
them.
The designation or notice must specify whether the clerk will be responsible for the
administration of a ballot board as provided in section 203B.121.
A clerk of a city that is located in more than one county may only administer the
provisions of sections 203B.04 to 203B.15 new text beginand 203B.30 new text endif the clerk has been designated
by each of the county auditors or has provided notice to each of the county auditors that the
city will administer absentee voting. A clerk may only administer the provisions of sections
203B.04 to 203B.15new text begin and 203B.30new text end if the clerk has technical capacity to access the statewide
voter registration system in the secure manner prescribed by the secretary of state. The
secretary of state must identify hardware, software, security, or other technical prerequisites
necessary to ensure the security, access controls, and performance of the statewide voter
registration system. A clerk must receive training approved by the secretary of state on the
use of the statewide voter registration system before administering this section. A clerk may
not use the statewide voter registration system until the clerk has received the required
training. The county auditor must notify the secretary of state of any municipal clerk who
will be administering the provisions of this section and the duties that the clerk will
administer.
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.081, subdivision 1, is amended to read:
An eligible voter may vote by
absentee ballot in the office of the county auditor and at any other polling place designated
by the county auditor during the 46 days before the election, except as provided in this
section.
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
An eligible voter may vote using early
voting during the 18 days before a federal, state, or county election, and during the 18 days
before a municipal election if authorized under section 203B.05, in the office of the county
auditor and at any other polling place designated by the county auditor. In elections in which
early voting is provided, the alternative voting procedure authorized by subdivision 3 must
not be provided.
new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:
(a) The county auditor may make available a ballot
counter and ballot box for use by the voters during the deleted text beginsevendeleted text endnew text begin 18new text end days before the election.
If a ballot counter and ballot box is provided, a voter must be given the option either (1) to
vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the
manner provided in this subdivision.
(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
state the voter's namedeleted text begin,deleted text endnew text begin andnew text end addressdeleted text begin,deleted text end andnew text begin, upon request of the election official, the voter'snew text end
date of birth to the county auditor or municipal clerk. The voter shall sign a voter's certificate,
which must include the voter's name, identification number, and the certification required
by section 201.071, subdivision 1. The signature of an individual on the voter's certificate
and the issuance of a ballot to the individual is evidence of the intent of the individual to
vote at that election.
(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
retire to a voting station or other designated location in the polling place to mark the ballot.
The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
may return it to the election official in exchange for a new ballot. After completing the
ballot, the voter shall deposit the ballot into the ballot box.
(d) The election official must immediately record that the voter has voted in the manner
provided in section 203B.121, subdivision 3.
(e) The election duties required by this subdivision must be performed by new text beginan election
judge, new text endthe county auditor, municipal clerk, or a deputy of the auditor or clerk.
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, subdivision 3, is amended to read:
(a) new text beginIn elections not eligible to use early voting under
subdivision 1a, new text endthe county auditor may make available a ballot counter and ballot box for
use by the voters during the deleted text beginsevendeleted text endnew text begin 18new text end days before the election. If a ballot counter and ballot
box is provided, a voter must be given the option either (1) to vote using the process provided
in section 203B.08, subdivision 1, or (2) to vote in the manner provided in this subdivision.
(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
state the voter's namedeleted text begin,deleted text endnew text begin andnew text end addressdeleted text begin,deleted text end andnew text begin, upon the request of the election official, the voter'snew text end
date of birth to the county auditor or municipal clerk. The voter shall sign a voter's certificate,
which must include the voter's name, identification number, and the certification required
by section 201.071, subdivision 1. The signature of an individual on the voter's certificate
and the issuance of a ballot to the individual is evidence of the intent of the individual to
vote at that election.
(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
retire to a voting station or other designated location in the polling place to mark the ballot.
The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
may return it to the election official in exchange for a new ballot. After completing the
ballot, the voter shall deposit the ballot into the ballot box.
(d) The election official must immediately record that the voter has voted in the manner
provided in section 203B.121, subdivision 3.
(e) The election duties required by this subdivision must be performed by new text beginan election
judge,new text end the county auditor, municipal clerk, or a deputy of the auditor or clerk.
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
A county auditor or municipal clerk authorized under
section 203B.05 to administer voting before election day may designate additional polling
places with days and hours that differ from those required by section 203B.085.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
Voters casting absentee ballots in person for a town election
held in March may do so during the 30 days before the election.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
The county auditor must make polling place
designations at least 14 weeks before the election and must provide the notice to the secretary
of state at the time the designations are made.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
The county auditor must prepare a notice to the voters of the
days, times, and locations for voting before election day as authorized by this section. This
notice must be posted on the secretary of state's website, the county's website, and the
website for each municipality in which a voting location under this section is located at
least 14 days before the first day of the absentee voting period. If a county or municipality
does not have a website, the county auditor or municipal clerk must publish the notice at
least once in the jurisdiction's official newspaper at least seven days and not more than 14
days before the first day of the absentee voting period.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.081, is amended by adding a subdivision
to read:
new text begin
The county auditor must provide each polling place with at least
one voting booth; a ballot box; an electronic ballot counter, unless it has not adopted use
of one; and at least one electronic ballot marker for individuals with disabilities pursuant
to section 206.57, subdivision 5.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.085, is amended to read:
new text begin
Prior to a state general election, the county
auditor's office in each county and the clerk's office in each city or town authorized under
section 203B.05 to administer voting before election day must be open:
new text end
new text begin
(1) until 7:00 p.m. on the Tuesday before the election;
new text end
new text begin
(2) from 9:00 a.m. to 3:00 p.m. on the two Saturdays before the election;
new text end
new text begin
(3) from 9:00 a.m. to 3:00 p.m. on the Sunday immediately before the election; and
new text end
new text begin
(4) until 5:00 p.m. on the day before the election.
new text end
new text begin
A polling place designated under section 203B.081, subdivision 4, may be open alternate
days and hours.
new text end
new text beginIn elections other than the state general election, new text endthe county
auditor's office in each county and the clerk's office in each city or town authorized under
section 203B.05 to administer deleted text beginabsentee ballotingdeleted text endnew text begin voting before election daynew text end must be open
for deleted text beginacceptance of absentee ballot applications and casting of absentee ballotsdeleted text endnew text begin voting as
authorized under section 203B.081new text end from deleted text begin10:00deleted text endnew text begin 9:00new text end a.m. to 3:00 p.m. on Saturday and until
5:00 p.m. on the day immediately preceding a primary, special, or general election unless
that day falls on a Saturday or Sunday. Town clerks' officesnew text begin, and county auditors' offices if
the county auditor has agreed to perform those duties on behalf of the township,new text end must be
open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town
general election held in March. The school district clerk, when performing the county
auditor's election duties, need not comply with this section.
new text begin
All voters in line at a time when a polling place is scheduled to
close must be allowed to vote in the same manner as provided in section 204C.05, subdivision
2.
new text end
new text begin
This section is effective June 1, 2023.
new text end
Minnesota Statutes 2022, section 203B.12, subdivision 7, is amended to read:
deleted text begin(a)deleted text end The names of voters who
have submitted an absentee ballot to the county auditor or municipal clerk that has not been
accepted deleted text beginmay not be made available for public inspection until the close of voting on election
day.
deleted text end
deleted text begin (b) After the close of voting on election day, the listsdeleted text end must be available to the public in
the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text begin
This section is effective June 1, 2024.
new text end
Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision
to read:
new text begin
The secretary of state must maintain a list of
voters who cast a ballot using the early voting procedures established in section 203B.30
for all elections at which those procedures are used. The list must be available to the public
in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text end
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.121, subdivision 1, is amended to read:
(a) The governing body of each county,
municipality, and school district with responsibility to accept and reject absentee ballots new text beginor
to administer early voting new text endmust, by ordinance or resolution, establish a ballot board. The
board must consist of a sufficient number of election judges appointed as provided in sections
204B.19 to 204B.22. The board may include deputy county auditors or deputy city clerks
who have received training in the processing and counting of absentee ballots. Each member
of the ballot board must be provided adequate training on the processing and counting of
absentee ballots, including but not limited to instruction on accepting and rejecting absentee
ballots, storage of absentee ballots, timelines and deadlines, the role of the ballot board,
procedures for opening absentee ballot envelopes, procedures for counting absentee ballots,
and procedures for reporting absentee ballot totals.
(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.
(c) Except as otherwise provided by this section, all provisions of the Minnesota Election
Law apply to a ballot board.
new text begin
This section is effective upon the revisor of statutes's receipt of
the certification described in section 49 and applies to elections held on or after January 1,
2024, or the 85th day after the revisor of statutes receives the certification, whichever is
later.
new text end
Minnesota Statutes 2022, section 203B.121, subdivision 2, is amended to read:
(a) The members of the ballot board
shall take possession of all signature envelopes delivered to them in accordance with section
203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk,
two or more members of the ballot board shall examine each signature envelope and shall
mark it accepted or rejected in the manner provided in this subdivision. Election judges
performing the duties in this section must be of different major political parties, unless they
are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10,
subdivision 2.
(b) The members of the ballot board shall mark the signature envelope "Accepted" and
initial or sign the signature envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the signature envelope are the same as the information
provided on the absentee ballot application;
(2) the voter signed the certification on the envelope;
(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as a number on the voter's absentee
ballot application or voter record. If the number does not match, the election judges must
compare the signature provided by the applicant to determine whether the ballots were
returned by the same person to whom they were transmitted;
(4) the voter is registered and eligible to vote in the precinct or has included a properly
completed voter registration application in the signature envelope;
(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and
(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the deleted text beginseventhdeleted text endnew text begin 19thnew text end day before the election, deleted text beginby absentee ballotdeleted text endnew text begin as provided
by section 203B.081new text end.
The signature envelope from accepted ballots must be preserved and returned to the
county auditor.
(c)(1) If a majority of the members of the ballot board examining a signature envelope
find that an absentee voter has failed to meet one of the requirements provided in paragraph
(b), they shall mark the signature envelope "Rejected," initial or sign it below the word
"Rejected," list the reason for the rejection on the envelope, and return it to the county
auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by
this section. Failure to place the ballot within the deleted text beginsecrecydeleted text end new text beginballotnew text end envelope before placing it
in the outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide the voter with
a replacement absentee ballot and signature envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact the voter by
telephone or email to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.
(e) An absentee ballot signature envelope mark